CONVERSION,

of realty into personalty, § 114-118.

of personalty by a cotenant, 306, 319.
See TROVER.

CONVEYANCE,

creating joint-tenancy, 25.

to woman and her children, 26.

in joint-tenancy where some grantees are dead, 28.

in tenancy in common where some of the grantees are dead, 109.
by one joint-tenant, 34.

of homestead, 52, 53, 58.

of tenancy by entireties, 73.

of tenancy by entireties, effect after divorce, 76.

by one coparcener, 84.

of unlocated interest, 96.

creating party wall, 98.

acceptance of, from a part owner, 106.

by partner, 112, 119.

by surviving partner, 119.

to wife, presumed to be common property, 144.

to wife, evidence to rebut presumption in favor of community, 145–147.

form of, between cotenants, 189-191.

by cotenant out of possession, 192.

by cotenant to third persons, 193.

each cotenant may make, at pleasure, 194.

by grantor to himself and others, 193 n.

by cotenant, as color of title, 197.

by cotenant, adverse possession under, 197, 224, 225.

by cotenant, of minerals in the land, 198.

by cotenant, by metes and bounds, 199-205.

by cotenant, by metes and bounds, valid between the parties, 206.

by cotenant, by metes and bounds, effect in partition, 207.

by cotenant, by metes and bounds, effect on after-acquired title, 207.
by cotenant, by metes and bounds, where cotenancy embraces several
parcels, 208.

covenants bind each cotenant as to his moiety only, 209.

covenants of seizin, when broken, 210.

interpretation of, 211.

involuntary, 213.

involuntary, by metes and bounds, 216,

effect on insurance, 218.

right to possession of, 247.

necessary to complete partition at equity, 427.

not necessary to complete partition at law, 427.
whether necessary in partition, 395-405, 527.
form of, in partition, 406.

in severalty by one cotenant, whether a cloud on the title, 326.
transfers right to partition, 451.

when compelled in partition, 513.

CONVEYANCE (continued),

in partition, when infant is a party, § 468.
in partition, when lunatic is a party, 469.

COPARCENERS,

defined, 77.

may be males, 77.
classified, 78.

by common law, 79.

by custom, 78.

with one's self, 79.

of what estates, 80.

how to enjoy indivisible property, 80.
unities of their estate, 81.

have no survivorship, 81.
make but one heir, 82.

continuance of their estate, 83.
destruction of their estate, 84.
effect of conveyance by one, 84.
in the United States, 85.

form of conveyance by, 191.

methods of making partition between, 395, 396.

writ of partition between, at common law, 420-421.
joinder in actions, 330.

COPATENTEES,

rights and relations of, 89.

COPYHOLD ESTATE,

partition of, 439.

CORODY UNCERTAIN,

not subject to partition, 434.

CORPORATIONS,

cannot hold as joint-tenants, 15.
can hold as tenants in common, 90.

COTENANCY,

origin, 1.

adaptation to all forms of society, 2.

engagements formed by, 3.

evidence to establish, 22.

homesteads, when held by, 48-50.

homesteads, when not held by, 51-53.

See JOINT-TENANCY, TENANCY BY ENTIRETIES, COPARCENERS, TENANCY IN
COMMON, PART OWNERS OF SHIPS, COMMUNITY PROPERTY.

COTENANTS.

See JOINT-TENANTS, TENANTS IN COMMON, COPARCENERS, PART OWNERS OF SHIPS,
RELATIONS OF COTENANTS, CONVEYANCES, OUster, Rights OF COTEN-

ANTS, LIABILITIES OF COTENANTS, ACTIONS BETWEEN COTENANTS, AC-
TIONS BY COTENANTS, PARTITION.

CO-TRUSTEES.

See TRUSTEES.

COUNTER-CLAIMS,

in accounting, 277, 278.

for improvements, 279.

COVENANTS IN DEEDS,

each cotenant covenants for himself only, 209.
of seizin, when broken, 210.

joinder in actions on, 336.

CREATION,

of joint-tenancy by devise or bequest, 23, 24.

of joint tenancy by deed, 26.

of joint-tenancy by deed to woman and her children, 26.

of joint-tenancy under American statutes, 37.

of tenancy in common, 23, 24, 92.

of tenancy by entireties, 63, 69.

of coparcenary, 81.

of party wall, 98.

of partnership, 111.

CROPPING ON THE SHARES,

makes the parties tenants in common, 100.

gives right to enter on the lands, 254.

CROPS,

when community and when separate property, 139.

CROSS-BILL,

in partition, 504.

DAMAGES,

joinder of cotenants entitles to, 352.

DEATH OF COTENANT,

cause of action survives, 362, 363.

pendente lite, 364.

pendente lite suit must be revived to bind heirs, 464.

does not abate suit of partition, 496.

DECREE OF PARTITION,

possession taken under, is adverse, 227.

See JUDGMENTS IN PARTITION.

DEFAULT,

in partition, 494.

DEFENDANT IN PARTITION,

pleadings of, 494–497.

statement of his title, 498.

adverse holding of, 500.

cross-bill, when necessary, 504.

See PARTIES DEFENDANT IN PARTITION.

DEFINITIONS AND DESCRIPTIONS,

of compulsory partition, § 394.
of confusion of goods, 95.

of conventional community, 124.

of coparceners, 77.

of cotenancy, 2.

of destruction for which cotenant is liable, 251, 312-319.

of dos, or dotal property, 122.

of estate by entireties, 63, 64.

of general property, 1.

of homestead, 47.

of joint-tenancy, 9, 10.

of legal community, 124.

of mixed, imperfect, and redundant cotenancies, 8.

of onerous title, 133.

of ouster, 221, 301.

of parceners, 77.

of partition, 393.

of partition by lot, 394.

of severable chattels, 252.
of special property, 1.
of tenancy in common, 86.

of voluntary partition, 394.

of necessary parties in partition, 463.

DELAWARE,

presumption against joint-tenancy, 35.
actions between cotenants, 320 n.

courts having jurisdiction of partition, 428 n.
who may compel partition, and of what, 461 n.
parties defendant, 483 n.

DEMAND,

for possession, when necessary, 231.

for possession, refusal of, 236.

for possession, how made, 237.

on bailee of cotenants, 246.

for accounting, 270.

for partition, 489.

DEMURRER,

in partition suit, 494.

DENIAL OF COTENANT'S TITLE,

when evidence of an ouster, 235.

must be unequivocal, 235.

DESCENT,

of homestead, 62.

of partnership realty, 118.

of community property, 149.

DESCRIPTION,

of premises in partition, § 486.

of premises in partition, uncertainty, how objected to, 494.

DESTRUCTION AND DESTRUCTIVE USE,

of real estate, what is, 251.

by cutting timber, 251.

by plowing up crops, 251

by appropriating water, 251.

through negligence, 266.

trover against cotenant for, 312–319.

DEVISE,

by joint-tenant is void, 14.

in joint-tenancy, 23.

in tenancy in common, 24.

in joint-tenancy, survivor takes all, 28.
under statute in regard to joint-tenancy, 40.
simultaneous devises of same property, 103.
lapse of, to tenants in common, 109.

to several as a class, 110.

DEVISEES,

one not bound by the other's admissions, 169.

DETINUE,

between cotenants, 288.

against a bailee of the cotenants, 289.

joinder of cotenants in, 337.

non-joinder of cotenants in, 355.

DIFFERENCES AND DISTINCTIONS,

between joint-tenancy and tenancy by entireties, 64.

between joint-tenancy and coparcenary, 81.

between various kinds of cotenancy, 86.

between partnership and cotenancy, 111.

between interest of husband and that of wife in community, 123.

between presumption from a deed to wife and deed to husband, 145.
between admission of a joint-tenant, and of a tenant in common, 169.
between proof of ouster by a cotenant, and by a stranger, 221.

between partition at law and in chancery, 425.

between a judgment and a decree of partition, 427.

between tenancy in common and part ownership of ships, 381.

DIFFICULTY,

in making division, no defense to partition,. 433.

DISABILITY OF A COTENANT,

whether it avoids statute of limitations, 375, 376.
effect when he sues alone, 377.

DISPUTED TITLE,

when may be determined in partition, 502, 503.