by a parcener to a purchaser, for an estate in fee or in tail, will discharge him from the warranty, absolutely in the one instance, and so long as the title is held under the intail in the other;-what reason is there for the precaution of ever looking at all into the title to the other shares ?

Perhaps it may be stated, therefore, that although, generally speaking, a purchaser of lands which have been the subject of partition between coparceners, should inspect the title to the other lands comprised in the partition; yet, as to such of those other lands as have been aliened in fee, the precaution may be safely dispensed with; for the whole privity of estate between the coparceners is destroyed; in which event, Lord Coke says, the remedies under the warranty and condition are gone. (s)

(s) Co. Litt. 174. a. Supra, p. 159.

APPENDIX.

THE STATUTES.

Stat. 31 Hen. VIII. cap. 1.

For Joint-tenants and Tenants in Common.

FORASMUCH as by the common laws of this realm divers of the king's subjects, being seised of manors, lands, tenements, and hereditaments, as joint-tenants, or as tenants in common, with other of any estate of inheritance, in their own rights, or in the right of their wives, by purchase, descent, or otherwise, and every of them so being joint-tenants, or tenants in common, have like right, title, interest, and possession in the same manors, lands, tenements, and hereditaments for their parts or portions jointly, or in common undividedly together with other; and none of them by the law doth, or may know their several Several in parts or portions in the same, or that that is his or theirs, by itself undivided, and cannot by the laws of this realm otherwise occupy or take the profits of the same, or make any severance, division, or partition thereof, without other of their mutual assents and consents: by reason whereof divers and many of them, being so jointly and undividedly seized of the said manors, lands, tenements, and hereditaments, often

conveniences ensu

ing by holding lands jointly, or being un

in common

divided.

Joint-tenants, and tenants in

times of their perverse, covetous and malicious minds and wills, against all right, justice, equity, and good conscience, by strength and power, not only cut and fallen down all the woods and trees growing upon the same, but also have extirped subverted, pulled down and destroyed all the houses, edifices, and buildings, meadows, pastures, commons, and the whole commodities of the same, and have taken and converted them to their own uses and behoofs, to the open wrong and disherison, and against the minds and wills of other, holding the same manors, lands, tenements, and hereditaments jointly, or in common with them, and they have been always without assured remedy for the

same.

II. Be it therefore enacted by the King, our most dread sovereign Lord, and by the assent of the Lords Spiritual and Temporal, and by the Commons in this present parliament assembled, that all joint-tenants, and tenants in common, that now be, or hereafter shall be of any estate or estates of inheritance in their own rights, or in the right of their wives, of any manors, lands, tenements or hereditaments within this realm of England, Wales, or the marches of the same, shall and may be coacted and compelled, by virtue of this precompella- sent act, to make partition between them of all such ble to make manors, lands, tenements and hereditaments as they now hold, or hereafter shall hold as joint-tenants, or tenants in common, by writ De participatione faciendâ in that case to be devised in the King our Sovereign Lord's Court of Chancery, in like manner and form as coparceners by the common laws of this realm have been and are compelled to do, and the same writ to be pursued at the common law.

common are

writs.

Every of the joint-tenants, and tenants in

common

III. Provided alway, and be it enacted, that every of the said joint-tenants, or tenants in common, and their heirs, after such partition made, shall and may

have aid of the other, or of their heirs, to the intent to deraign the warranty paramount, and to recover for the rate as is used between coparceners after partition made by the order of the common law; any thing in this act contained to the contrary notwithstanding.

shall have

aid of the

other.

Stat. 32 Hen. VIII. cap. 32.

Joint-tenants for Time of Life or Years.

nants, and

common for

FORASMUCH as in the parliament begun at West- Joint-te minster the eight-and-twentieth day of April, and tenants in there continued till the twenty-eighth day of June, lives or the thirty-first year of the king's most noble and vic- years shall make parti torious reign that now is, it was amongst other things tion. there enacted and established, that all joint-tenants, and tenants in common, that then were, or hereafter should be of any estate or estates of inheritance, in their own rights, or in the right of their wives, of any manors, lands, tenements or hereditaments within this realm of England, Wales, or marches of the same, shall and may be coacted and compelled by virtue of the said act, to make partition between them, of all such manors, lands, tenements and hereditaments as they then held, or hereafter should hold as joint-tenants, or tenants in common, as more plainly at large appeareth by the said statute. And forasmuch as the said statute doth not extend to joint-tenants, and tenants in common for term of life or years, neither to joint-tenants, and tenants in common, where one or some of them have but a particular estate for term of life or years, and the other have estate or estates of inheritance of and in any manors, lands, tenements and hereditaments. Be it therefore enacted by the

king our sovereign lord, and by the assent of the Lords Spiritual and Temporal, and the Commons in this present parliament assembled, and by the authority of the same, that all joint-tenants, and tenants in life or years common, and every of them, which now hold, or hereafter shall hold, jointly, or in common, for term of pellable to make parti- life, year or years, or joint-tenants, or tenants in com

Joint-tenants for

are com

tion.

Partition

shall be prejudicial to none but

parties.

mon, where one or some of them have, or shall have estate or estates for term of life or years, with the other that have or shall have estate or estates of inheritance or freehold in any manors, lands, tenements or hereditaments, shall and may be compellable from henceforth by writ of partition to be pursued out of the King's Court of Chancery, upon his or their case or cases, to make severance and partition of all such manors, lands, tenements and hereditaments which they hold jointly, or in common, for term of life or lives, year or years, or where one or some of them hold jointly, or in common, for term of life or years with other, or that have an estate or estates of inheritance or freehold.

II. Provided alway, and be it enacted, that no such partition or severance hereafter to be made by force of this act, be, nor shall be prejudicial or hurtful to any person or persons, their heirs or successors, other than such which be parties unto the said partition, their executors or assigns.