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A TREATISE ON THE LAW OF CO-OWNERSHIP AS IT EXISTS
INDEPENDENT OF PARTNERSHIP RELATIONS
BETWEEN THE CO-OWNERS.
By A. C. FREEMAN,
AUTHOR OF THE LAW OF JUDGMENTS.
SUMNER WHITNEY & CO.
Entered, according to Act of Congress, in the year 1874, by
A. C. FREEMAN,
General Classification of Property, ý 1.
Co-ownership adapted to all forms of Civilization, $ 2.
The Subject and Scope of this Work, $ 3.
Classification of Tenancies, 7.
Definitions by Littleton and Blackstone, ý 9.
Definitions by Kent and Preston, 10.
Survivorship is Paramount to Dower and Curtesy, 14.
What may be held in Joint-Tenancy, \ 16.
Created by Joint Purchase, ø 17.
Presumption in regard to Creation, ý 18.
Presumption when Property is acquired in Trade, ø 19.
Presumption from Inequality in Purchase Money, $ 20.
Presumption of Joint-Tenancy rebutted by Parol, $ 21.
Establishing Joint-Tenancy by Parol, Ø 22.
Creating by Devise or Bequest, ý 23.
Cases where Devises have been regarded as Joint, Ø 24.
Creation by Deed to Woman and her Children, \ 26.
Devise or Bequest in Joint-Tenancy does not Lapse on Death of one, Ø 28.
Severance by act of either Cotenant, Ø 30.
Severance by Mutual Agreement, \ 31.
Severance by a Course of Dealing, ý 32.
Severance by Process against a Tenant, \ 33.
Severance by one may leave the others Joint-Tenants, Ø 34.
Statutes Limiting or Abolishing, ý 35.
Creation, notwithstanding Statutes, \ 37.
Dower, where Survivorship is Abolished, ý 39.
Lapsing of Legacies and Devises, Ø 40.
To what kinds of Property Joint-Tonancy may still apply, Ø 4L
Co-Trustees under American Statutes, ø 43.
Co-Trustees are Joint-Tenants at Common Law, Ø 44.
Co-Trustees, Estate of, vests in those who Accept, Ø 45.
Revival of Joint-Tenancy by Homestead Laws, 0 47.
In California, Nevada, and Idaho, Ø 48.
Resembles Tenancy by Entireties, \ 49.
General Nature of Homestead Estates, ý 50.
Homestead not ordinarily a Cotenancy, ý 51.
Interest of Wife when Homestead is not a Cotenancy, 52.
Interest of Wife how regarded in Iowa, ó 53.
Homestead in Lands of a Cotenancy, ý 54.
Homestead may be acquired in any Title or Interest in Severalty, j 55.
Homestead embraces Title subsequently acquired, gø 56, 57.
Conveyance or Incumbrance of, ý 58.
Husband and Wife take as one person, V 70.
Cases holding they cannot take by Moieties, 0 71.
Cases holding they can take by Moieties, $ 72.
Power of Husband under Statutes, $ 75.
Parceners by the Common Law, ý 79.
Equal Right to Possession essential to, ý 87.
Whether Letters Patent are held by, Ø 89.
Created by Creating Unity of Right of Possession, $ 92.
Created by Transfer of a Part, ý 93.
Created by Contract to Work on Shares, ♡ 94.
Created by Confusion of Goods, ý 95.
Created by Grant of Unsegregated Part, ý 96.
Created by Trees Growing on Line, Ø 97.
Created by Grants to Proprietaries, ý 99.
Created by Crops raised on Shares, $ 100.
Created by Agreement to Divide Profits, ý 101.
Created by Simultaneous Mortgages from same Mortgagor, 102.
Created by Simultaneous Deeds or Devises for same Person, ø 103.
Created by Voluntary Association, ø 104.
Presumption of Relative Interests, y 105.
Presumption arising from Deed to two or more, ø 106.
Interest of Tenant subject to Dower, Ø 107.
Widow before Dower assigned is not a Cotenant, 108.
Lapse of Devise or Bequest to several as Tenants in Common, y 109.