TERMS, outstanding, should be assigned, on partition
TITHES, partition of, has been decreed in equity

161

134

TITLE, how to be stated, in bills and writ for partition. See
Bill in Equity, Commission, Writ.

in some instances, courts of equity have given plaintiff
time to make out his title

TURNS, partition conferring the enjoyment by

84

101

4,51

144

between parceners, gives each an estate of inherit-
ance, but only operates on the possession

U.

UNCERTAINTY of interests, not a ground of refusing par-
tition in equity

98

131

USES, conveyance to, is become the usual mode of effecting a

WARRANTY, existing, effect of partition on

146

155

there is implied on every partition between co-
parceners a warranty, so that if either be
empleaded, she may vouch her sister, and
thereby deraign the warranty paramount
difference between this warranty and the im-
plied condition
19158
effect of alienation on the implied warranty 159
by 31 Hen. VIII. c. 1. s. 3. joint-tenants or te-
nants in common of an estate of inheritance
and their heirs, shall have aid of the others,
to deraign the warranty paramount, &c. as is
used between coparceners

the practical consequence of the doctrine is,
that on contract for purchase of lands, which
have been the subject of partition, the title
to all the lands should be investigated

161

ib.

WASTE

will be decreed to be divided in equity, notwithstand-
ing any inconvenience

WILL, tenant at, writ lies neither for nor against
WITNESSES, commissioners have liberty to examine, on

oath

HAN 20 Page

88

61

141

48

WOODWARD, office of, appendant to a manor, how affected
by partition
WRIT OF PARTITION, a real action

of what property partition may be
demanded, and how to be divided
lies for coparceners by common law
words of

lies against the tenant of the free-
hold

ib.
52

allowed by common law to parce-
ners only
lay against, but not for, tenant by
the curtesy

also against, but not for, an alienee ;
unless one of the parceners was
the alienee

and if the husband of one was the
alienee, he and his wife should
have a special writ

but joint-tenants and tenants in
common could not compel parti-
tion by writ, by which great in-
convenience was occasioned
the statute 31 Hen. VIII. c. 1. gave
the writ to joint-tenants and te-
nants in common of the inherit-

YEARS, tenants for, may make partition

writ of partition lies for and against them, under the
statute 32 Hen. VIII. c. 32.

bill in equity for partition, lies for and against them
but such partitions are only commensurate with their

estates

36

56

93

63,93, 94

93
132

cannot compel the owner of the inheritance to join in
partition in equity

assignments by tenants for, on partition

:

YEARS continued.

if there be lease to two, with proviso that if lessees
die within the term, it shall cease; and they make
partition, and one aliens, and dies, the lessor shall

not enter

lease to two, on condition they do not alien, and they
make partition, and one aliens; all is forfeited
lessee for, not bound by partition between parceners,
if unequal

Secus, if made by writ

when partition shall wholly avoid a lease

by statute 8 and 9 W. III. c. 31. s. 4. the tenants of
the undivided parts shall become tenants of the
parts set out to their landlords

FINIS.

Page

151

PRINTED BY J. AND T. CLARKE, 38, ST. JOHN'S-SQUARE, LONDON.

ib.