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COTENANCY
AND
PARTITION:
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.
SAN FRANCISCO:
SUMNER WHITNEY & CO.
Entered, according to Act of Congress, in the year 1874, by
A. C. FREEMAN, In the Office of the Librarian of Congress at Washington.
CONTENTS.
CHAPTER I.
INTRODUCTORY.
General Classification of Property, ý 1.
Co-ownership adapted to all forms of Civilization, $ 2.
The Subject and Scope of this Work, $ 3.
The Plan, \ 4.
English Tenures, 5.
American Tenures, ø 6.
Classification of Tenancies, 7.
Mixed, Imperfect, and Redundant Tenancies, $ 8.
CHAPTER II.
JOINT-TENANCY.
Definitions by Littleton and Blackstone, ý 9.
Definitions by Kent and Preston, 10.
Properties, ý 11.
Survivorship, ỷ 12.
Survivorship in Equity, ý 13.
Survivorship is Paramount to Dower and Curtesy, 14.
Who may be Joint-Tenants, 15.
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, ý 25.
Creation by Deed to Woman and her Children, \ 26.
Executory Settlements, $ 27.
Devise or Bequest in Joint-Tenancy does not Lapse on Death of one, Ø 28.
Severance, means of, ý 29.
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.
JOINT-TENANCY IN THE UNITED STATES.
Statutes Limiting or Abolishing, ý 35.
Statutes Retroactive, ý 36.
Creation, notwithstanding Statutes, \ 37.
Not forbidden by Law, \ 38.
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
Mortgages, Ø 42.
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.
Co-Executors and Co-Administrators, ♡ 46.
CHAPTER III.
THE HOMESTEAD AS A JOINT-TENANCY.
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.
Limit of, j 59.
Partition of, 60.
After Divorce, Ø 61.
Survivorship in, $ 62.
CHAPTER IV.
TENANCY BY ENTIRETIES.
Definitions, ở 63.
Difference from Joint-Tenancy, \ 64.
States in which it prevails, 65.
States in which it does not prevail, $ 66.
Of what Estates it may be, Ø 67.
Of Personal Property, Ø 68.
How Created, 0 69.
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 over, \ 73.
Sale under Execution, ý 74.
Power of Husband under Statutes, $ 75.
Dissolution by Death or Divorce, ♡ 76.
CHAPTER V.
OF PARCENERS.
Definitions, ở 77.
Classification, $ 78.
Parceners by the Common Law, ý 79.
Of what Estates, Ø 80.
General Properties, \ 81.
All make but one Heir, ý 82.
Continuance of, Ø 83.
Destruction, ở 84.
Generally Abolished in United States and in Canada, 0 85.
CHAPTER VI.
TENANCY IN COMMON.
Definition, ỷ 86.
Equal Right to Possession essential to, ý 87.
What may be held by, Ø 88.
Whether Letters Patent are held by, Ø 89.
Who may hold by, 90.
Legislative Grantees, \ 91.
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 Party Wall, \ 98.
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.
No Lapse where it is to them as a class, Ø 110.
