Naval and Culpepper 97, 121 Sparrow v. Fiend 84 82, 83, Steers and Bodicote 84 Stransam v. Colburn 75 2.681 Neale v. Jackson 6, 138, 140 Norris v. Le Neve 87,117, 121 Sussex, Duke of, v. Ha- Norse v. Ludlow 82 Northumberland, Duke ward Smith and Marsh 6, 138, 155 and Morris 5, 6, 137, 138 130 CHAPTER I. INTRODUCTORY OBSERVATIONS. THE 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 the subject. But, for reasons which will appear in the course B of our enquiry, the term has long since become equally applicable to a division of lands by jointtenants, 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 facienda. 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. CHAP. II. OF 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. LANDS (taking the word in its general and legal signification) may be divided between coparceners, joint-tenants, and tenants in common. A house, or castle of habitation for private use, may be divided by chambers and rooms, if the parties are desirous of so dividing it. (a) But a castle that is used for the necessary defence of the realm shall not be divided between coparceners, because it is pro bono publico, et pro defensione regni. (b) (a) Co. Litt. 165. (a) (b) Bract. lib. 2. fo. 76. Flet. lib. 5. c. 9. Co. Litt. 165. (a) |