EFFECT OF PARTNERSHIP UPON REAL ESTATE HELD IN NAME OF PARTNERS AS TENANTS

IN COMMON.

Difference between Partners and Cotenants, § 111.

Effect, at law, of Partnership on Cotenancy of Realty, § 112.

Effect, in equity, of Partnership on Cotenancy of Realty, § 113.

Mere Purchase by Partners does not convert Realty into Personalty, § 114.

Presumption arising from Purchase with Firm Assets, § 115.

Realty acquired outside of Partnership, § 116.

Realty when treated as Personalty, ý 117.

Realty for what purposes treated as Personalty, § 118.
Conveyance by a Partner of whole of the Realty, § 119.
Conveyance by a Partner to Purchaser with notice, § 120.

CHAPTER VII.

COMMUNITY PROPERTY.

No Community at Common Law, § 121.

Nor, ordinarily, in the Civil Law, § 122.

Community in America, § 123.

Community is Legal or Conventional, § 124.

Community, modification of, § 125.

Community, extent of, in Holland and Spain, § 126.

Community, extent of, in France and Lower Canada, § 127.

Community, extent of, in California, § 128.

Community, extent of, in Arizona, Idaho, and Nevada, ý 129.

Community, extent of, in Louisiana, § 130.

Community, extent of, in Texas, § 131.

Community, as affected by domicil, § 132.

WHAT PROPERTY IS COMMON BETWEEN HUSBAND AND WIFE.

Lands given by Sovereign are not, § 133.

Purchases before marriage, but Conveyance afterwards, § 134.

Purchases during marriage, but Conveyance afterwards, § 135.

Gifts to Husband and Wife, § 136.

Purchases with Funds of the Wife, § 137.

Improvements, ý 138.

Crops, § 139.

Increase of Animals, § 140.

Rents, increase and profits in California, § 141.

Mixed Title, § 142.

PRESUMPTION THAT PROPERTY IS COMMUNITY.

AN Property in name of either presumed to be Community, § 143.

Property conveyed to Wife subject to same rule, § 144.

Conveyance to Wife, rebutting presumption as to, in Texas, § 145.

Conveyance to Wife, rebutting presumption as to, in Louisiana, § 146.

Conveyance to Wife, rebutting presumption as to, in California, § 147.

Authority of Husband and Wife, respectively, § 148.

Dissolution of the Community, § 149.

CHAPTER VIII.

RELATIONS OF COTENANTS.

General Statement and Division of the Subject, § 150.

RESTRAINTS ARISING FROM FACT OF COTENANCY.

Relations generally those of Mutual Trust, § 151.

Cannot assail Common Title, § 152.

An apparent exception to this rule, § 153.

Acquisition of Adverse Title, § 154.

Whether Adverse Title may be asserted by Tenants in Common holding under

different Deeds, § 155.

Waiver of right to claim benefit of purchase of Adverse Title, § 156.

Procuring renewal of Lease by Co-Lessee, in his own name, § 157.

Acquiring Tax Title, § 158.

Purchase from Grantee in Tax Deed, § 159.

Husband of Cotenant, § 160.

Duration of Restraints arising from Cotenancy, § 161.

Restraints of Cotenancy terminated by Eviction, § 162.

Whether there must be Title to make Cotenancy, § 163.

No Restraint on Cotenants contracting with one another, § 164.

No Restraints on buying interest of the other at forced sale, § 165.

ACTS PRESUMED TO BE IN SUPPORT CF COMMON TITLE.

Act of one presumed to be for Common Benefit, § 166,

Entry of one confers Seizin on all, § 167.

ACTS AND RESTRAINTS OF ONE COTENANT AFFECTING THE OTHERS.

CHAPTER IX.

TRANSFERRING AND LEASING LANDS OF A COTENANCY.

Conveyance by one Tenant in Common to another, § 189.

Conveyance by one Joint-Tenant to another, § 190.

Conveyance by one Coparcener to another, § 191.

Conveyance by Cotenant out of possession, § 192.

Conveyance to Strangers, § 193.

Each may Convey his Moiety at pleasure, § 194.

Right to Convey by Metes and Bounds, § 195.

Conveyance by one Cotenant not to prejudice another, § 196.

Conveyance by one Cotenant as Color of Title, § 197.

Conveyance of Ores by one Cotenant, § 198.

Conveyance of part void as to other Cotenants, § 199.

Reasons for this rule, § 200.

Rule denied in Ohio, § 201.

Rule denied in Virginia, § 202.

Rule denied in California, § 203.

Rule denied in Missouri, § 204.

Grantee can acquire no higher Right than Grantor, § 205.

Conveyance of part as between Grantor and Grantee, § 206.

Conveyance of part, effect after Partition, 207.

Conveyance where Cotenancy includes distinct Parcels, § 208.

Conveyance where each Grantor Covenants for himself alone, § 209.

Covenant of Seizin, when broken, § 210.

General words restrained to interest specified, § 211.

Relative Rights of different Grantees in Severalty, § 212.

Conveyance by Sale under Execution, § 213.

Officer may Levy and take exclusive Possession, § 214.

Officer must take exclusive Possession, § 215.

Levy upon and Sale of part by Metes and Bounds, § 216.

Levy upon interest of one, under Execution against all, § 217.

Conveyance as affecting Policy of Insurance, § 218.

Change of Possession, § 219.

Leasing, § 220.

CHAPTER X.

OF THE OUSTER OF ONE COTENANT BY ANOTHER.

Difference between Evidence of, and of ordinary Ouster, § 221.

Burden of Proving, § 222.

By Adverse Entry, § 223.

By Entry under Deed of the Whole, §§ 224, 225.

Conveyance of the Whole, without Entry, § 226.

Possession under Decree of Partition, § 227.

Exclusive Possession of Part, § 228.

Notice of Ouster, whether must be given Tenant Ousted, §§ 229, 200.

Difference between Ouster as Defence and as Cause of Action, 231.

Is a question for the Jury, ý 232.

Must be found in direct terms, § 233.

Ouster by Force, § 234.

Ouster by Denial of Cotenant's Right, § 235.

Ouster by Refusal to let Cotenant in Possession, § 236.

Ouster by Refusal, what demand necessary to, § 237.

Ouster by Receiving Rents, § 238.

Ouster by Cutting Timber, § 239.

Ouster by Building Permanent Structure, § 240.

Ouster, unequivocal acts essential to, § 241.

Ouster, when may be inferred, § 242.

Disseizor, taking Deed from a Cotenant, ý 243.

Ouster, Statute in England concerning, § 244.

CHAPTER XI.

THE RIGHTS OF COTENANTS BETWEEN ONE ANOTHER.

Right to Possession of Chattels, § 245.

Right to Possession of Chattels by Bailee, § 246.

Right to Possession of Title Deeds, § 247.

Right to Possession of every part of Realty, § 248.

Right to Possession is not a right to injure, § 249.

Right to take Possession, § 250.

Right to use Common Property, § 251.

Right to sever Personal Property, ý 252.

Right of Lessee or Licensee, y 253.

Right of Cotenants of Crops, § 254.

Right of Owners of Party Wall, § 255.

Right of Owners of Party Wall, duration of, § 256.

CHAPTER XII.

LIABILITIES OF COTENANTS TO ONE ANOTHER.

Classification of, § 257.

For Use and Occupation, § 258.

For Rents and Profits, § 259.

For Services of Cotenant, § 260.

For Repairs, § 261.

For Improvements, § 262.

For Removal of Lien, Claim, or Title, § 263.

For Money collected on Insurance, § 264.

For Injuries arising from Repairing or Preserving, § 265.

For Negligence, § 266.

Of Owners of Party Wall, § 267.

CHAPTER XIII.

LEGAL REMEDIES. BETWEEN COTENANTS.

For Matters independent of the Cotenancy, ₫ 268.

FOR RECEIPTS AND FOR USE AND OCCUPATION.

No Remedy at Common Law, § 269.

Account given by Statute, § 270.

Account only when case is within the Statute, § 271.

Account, classification of cases, § 272.

Account for Rents and Profits received, § 273.

Account for Use and Occupation-English Rule, § 274.

Account for Use and Occupation in America, § 275, 276.

Account must be for balance due as result of final settlement, § 277.

Account, Off-sets allowed defendant, § 278.

Account, Off-sets for Improvements, § 279.

Assumpsit in Massachusetts, § 280.

Assumpsit in Maine, § 281.

Ejectment, § 290.

Trover for destruction of Property, § 312.

Trover against Vendee of a Cotenant, § 311.

Trover for selling Chattel under Execution, § 310.

Trover for selling Chattel denied in some States, § 309.