INDEX.

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INDEX.

ABATEMENT,

N. B.-The figures refer to the sections.

plea of, in partition, 422, 496.

ACCORD AND SATISFACTION,

with one cotenant, when binding on all, 178.

ACCOUNTING BETWEEN COTENANTS,

remedy at common law, 269.

remedy by statute of Anne, 270.

demand must be made for, 270.

at what times sustainable, 270.
declaration for, 271.

what may be for, 272.

for receipts, 273.

for profits, 274.

for use and occupation, 274-276.

only for balance due, 277.

counter-claims, 277, 278.

assumpsit as a substitute for, 280-286.

in equity, 321.

in connection with partition, 511.

ACT OF ONE COTENANT,

does not bind another, 172.

except when beneficial, 174.

to preserve common property, 175.

in redeeming common property, 176.
in receiving payments, 177-178.

in granting a release, 179.

in giving notice to quit, 180-181
cannot create an easement, 185.
ratification, by the others, 188.

ACTIONS,

difference between judgment in real and personal, 529.

ACTIONS BETWEEN COTENANTS,

for matters independent of the cotenancy, 268.

ACTIONS BETWEEN COTENANTS (continued),

for moneys received and for use and occupation, § 269-286.
for use and occupation, at common law, 269.

statute of Anne giving action of account, 270.
statute of Anne, doubtful meaning of, 272.
declaration for accounting, 271.

for money received, under the statute, 273.

for use and occupation, under the statute, 274-276, 286.
for balance due only, 277.

counter-claims, 277-278.

counter-claims for improvements, 279.

assumpsit, 280–286.

for possession of chattels, 287-289.

for possession of real estate, 290–296.

ejectment, 290.

ejectment, necessity of ouster, 291.

ejectment, waiver of proof of ouster, 292.

ejectment, judgment how entered, 293.

ejectment, where plaintiff sues for too much, 294.

forcible entry and unlawful detainer, 295.

trespass to try titles, 296.

for acts of trespass, 297–305.

action on the case, 297.

action of trespass, 298.

action of trespass for ouster or destruction, 299, 302.

action of trespass for ouster, 300, 301.

action of trespass for mesne profits, 303.

action of trespass against lessee of a cotenant, 304.

action of waste, 305.

for acts of conversion, 306–319.

trover, 306-307.

trover for sale of chattels, 308-9.

trover for sale of chattels under execution, 310.

trover for sale of chattels by vendee of a cotenant, 311.

trover for destruction of property, 312.

trover for destruction of rights, 313.

trover for destruction by emancipating a slave, 314.

trover for destruction by allowing property to be lost, 315.

trover for changing form of chattels, 316.

trover for removal of chattels, 317.

trover for refusal to apply property to its proper use, 318.

trover for refusal to allow division, 319.

for repairs, 320.

statutory provisions, note to 320.

See EQUITABLE REMEDIES.

ACTIONS BY COTENANTS AGAINST STRANGERS,

general view of, 328.

joinder in, rule applicable to joint-tenants, 329.
joinder in, rule applicable to coparceners, 330.

ACTIONS BY COTENANTS AGAINST STRANGERS (continued),

joinder in, rule applicable to tenants in common, § 331.
joinder in, rule applicable to mixed cotenancy, 332.

joinder in, rule in assumpsit, 333.

joinder in, rule in avowries, 334.

joinder in, rule in case, 335.

joinder in, rule in covenant, 336.

joinder in, rule in replevin and detinue, 337.

joinder in, rule in replevin for severable chattels, 338.
joinder in, rule in ejectment by joint-tenants, 339.
joinder in, rule in ejectment by coparceners, 340.

joinder in, rule in ejectment by tenants in common, 341.

joinder in, rule in forcible entry, 344.

joinder in, rule in action for insurance, 345.

joinder in, rule in action for rent, 346.

joinder in, rule in trespass, 347.

joinder in, rule in trespass to try titles, 348.

joinder in, rule in trover, 349.

joinder in, rule in waste, 350.

joinder in, rule in nuisance, 351.

joinder in, rule in application to assess damages, 352.

joinder in, rule in equity, 367.

whether plaintiff can recover less interest than he sued for, 342.

whether one cotenant can recover the whole in ejectment, 343.

failure to plead non-joinder, 353.

non-joinder, how available in actions ex contractu, 354.

non-joinder, how available in detinue and replevin, 355.

non-joinder, how available under the Codes, 361.

whether one can recover the whole damages when non-joinder is not
pleaded, 356-357.

waiver of right to object to non-joinder, 358.

misjoinder with persons not cotenants, 359.

misjoinder how available to defendant, 360.

misjoinder how available under the Codes, 361.

survivorship of cause of action, 362–363.
survivorship not affected by statutes, 365.
death of cotenant pendente lite, 364.

ADMINISTRATOR,

not entitled to partition, 454.

when properly defendant in partition, 471.

ADMISSIONS,

made by one joint-tenant, 169.

made by one tenant in common, 169.

made by one devisee, 169.

ADVERSE HOLDING,

as evidence of an ouster, 223.

notice of, when necessary, 229, 242.