 | James Lord - 1844 - 306 pàgines
...the possesWatk., c. xii. 1 Inst., 200, a. sion and seisin of the other, because such possession was not adverse to the right of his companion, but in support of their common title ; and although one tenant took the whole of the profits, yet this did not divest the possession of his companion.*... | |
 | Sir Edward Coke, Francis Hargrave - 1853 - 800 pàgines
...remainder-man or reversioner; because it was adverse to his title. So in the ease of tenants in common : the possession of one tenant in common, eo nomine,...their common title ; and by paying him his share, he acknowledged him co-tenant : nor indeed is a refusal to pay of itself sufficient, without denying his... | |
 | Melville Madison Bigelow - 1875 - 830 pàgines
...other authorities the language of the court in Doe v. Prosser, supra, was quoted : ''The pos> session of one tenant in common, eo nomine, as tenant in common,...paying him his share, he acknowledges him cotenant. Nor, indeed, is a refusal to pay, of itself, sufficient without denying his title. But if, upon demand... | |
 | William Pugsley - 1879 - 814 pàgines
...ouster. s " in the case of tenants in common, the possession of one tenant m common <•<> i><niii nr, as tenant in common, can never bar his companion,...because such possession is not adverse to the right "f his companion but in support of their common title; and by Pji&ghhn his share he acknowledges him... | |
 | New Brunswick. Supreme Court, Ward Chipman, Sir John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, Arthur I. Trueman, George Wheelock Burbidge, George W. Allen, John L. Carleton, William Henry Harrison, Ernest Doiron, Douglas King Hazen - 1879 - 814 pàgines
...circumstances, will be equivalent to an actual ouster. * * * * So in the case of tenants in common, the possession of one tenant in common eo nomine,...companion but in support of their common title ; and by paving him his share he acknowledges him to be co-tenant. Nor, indeed, is a refusal to pay of itself... | |
 | Solomon Atkinson - 1839 - 708 pàgines
...common 8 . The possession and seisin of one tenant in common is the possession and seisin of the other; because such possession is not adverse to the right...companion, but in support of their common title; and even if one tenant in common take the whole profits, this does not divest the possession of his companion;... | |
 | 1921 - 584 pàgines
...ouster by one of the tenants in common of his companion; and I still continue of the same opinion .... The possession of one tenant in common, eo nomine,...paying him his share, he acknowledges him co-tenant. But .if, upon demand by the oo-tenant of his moiety, the other denies to pay and denies his title,... | |
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the possession of one tenant in common, eo nomine, as tenant In common can never bar his companion; because such possession is not adverse to the right of his companion, but in support of their common title, and by paying him his share, he acknowledges... 
