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A Practical Treatise on the Law of Partition; With an Appendix, Containing the Statutes and a Selection of Precedents

A Practical Treatise on the Law of Partition; With an Appendix, Containing the Statutes and a Selection of Precedents


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER I. INTRODUCTORY OBSERVATIONS. Partition of which I propose to treat, is a division of lands or tenements, by co-parceners, joint-tenants, or tenants in common, so as to put an end to the co-tenancy, and to vest in each person a sole estate in a specific purparty, or allotment of the lands or tenements. Partition, in its primitive and technical import, signified such a division by coparceners or co-heirs of lands which had descended by common law, or by custom; and the books, when they speak of partition generally, and without alluding to the, particular species of undivided estate in the parties making it, appear invariably to mean a division by coparceners, ?a circumstance which the Student will find it necessary to keep in mind, while investigating tje subject. But, for reasons which will appear in the course of our enquiry, the term has long since become equally applicable to a division of lands by joint- tenants, or tenants in common. This partition may be either conventional, where the parties voluntarily agree to accomplish it; or compulsory, where one or more of them resort to the aid of a Court of Law or Equity, for the purpose. The mode of compelling partition at law is by Writ de partitione faciendd. In equity, by Bill. We shall consider these several modes of partition in order, and afterwards notice in what cases it is necessary to perfect the partition by conveyances or assurances; and likewise enquire into the effect and incidents of partition in general. chapter{Section 4CHAP. II. OP PARTITION BY CONSENT OF THE PARTIES. SECT. I. What species of Property may, be the subject of Partition; and as to the mode of dividing it, and the arrangement and choice of the different Shares. -LMNDS (taking the word in its general and legal sign...


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Product Details
  • ISBN-13: 9780217341950
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 58
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 0217341950
  • Publisher Date: 14 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 122 gr

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A Practical Treatise on the Law of Partition; With an Appendix, Containing the Statutes and a Selection of Precedents
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