So, if a reversion be granted to one of the lessees, in fee, or in tail; for, the reversion is executed for a moiety. Co. L. 182. b.

So, if a reversion be granted to a lessee and stranger, and their heirs. Co. L. 182. b.

So, if a reversion descends to a joint-tenant. R. 2 And. 202. Cro. El. 743. R. Cro. El. 470. 481. 2 Co. 60. b.

So, if there be a lease for life, and the lessor grants the reversion to two in fee, and the lessee grants his estate to one of them; the jointure is severed, and the estate executed for a moiety. Co. L. 183. a. (a)

Or, if the lessee grants to one of them and a stranger. Co. L. 182. b. So, if there be joint-lessees of a term, and one of them assigns part of his term to the other; it shall be a severance of the jointure for the whole. Cro. El. 33.

So, if one of them mortgages his part. R. 1 Sal. 158. (b)

So, if there be two joint-tenants of an advowson, and they agree to present by turn, and that one shall have one moiety, and the other the other moiety, and this is executed by a presentation by each; the jointure is severed. R. Carth. 506.

So, if there be joint-tenants for life, and one leases for years; it shall be a good severance during the term. Dy. 187. 2 Cro. 417.

So, if he leases his part to commence at a future day. 2 Cro. 91. Or, to commence after his death, during the life of his companion. ̧ R. 2 Cro. 91. Mo. 776. 2 Rol. 89. 1. 5.

So, if he leases for years, if he or his companion live so long. R. 2 Cro. 377. Bridg. 43.

If husband and wife and A. be joint-tenants, and the husband and wife make a lease for years, if they or A. live so long; though the lease is voidable by the wife, yet if the husband and wife die without avoiding it, it shall be good against A. surviving: for the severance continues. R. Bridg. 43.

But if one joint-tenant makes a lease for years, this does not sever the jointure as to the freehold. Co. L. 185. a.

So, if two joint-tenants in fee make a lease for life, and the lessee surrenders to one of them; for this enures to both. Co. L. 192. a.

If a woman joint-tenant takes husband, it is not a severance of the jointure. R. Pl. Com. 418. b.

Otherwise where a woman joint-tenant of a personal thing takes husband. Pl. Com. 418. b.

Yet if a joint-tenant for years makes a lease for a less term; that severs the jointure, and the term does not survive. Co. Lit. 192. a.

(K 6.) Joint tenants how seised.

Joint-tenants are seised per my et per tout. Lit. S. 288.

(a) The Annotator subjoins; but it is otherwise on a surrender; for that enures to both joint-tenants of the reversion. Co. Litt. 192. a. See further Perk. s. 80.

(b) 1. Eq. Abr. 293. - 2. Alienations of this kind must however be valid and good in law, to have this effect; and therefore a conveyance by a joint-tenant to his wife, being void at law, will not operate as a severance of a joint-tenancy. Prec. in Ch. 124. 3. Articles of agreement by an infant, though made in consideration of marriage, will not operate as a severance of a joint-tenancy. 1 Inst. 246. a. n. (1). 1 B. C. C. 112. -4. See as to the effect of an agreement to alien. 2 Vern. 631. 2 Ves. 634.

J. 257.

2 Yes.

When

When husband and wife are seised by moieties, or by entierties. Vide Baron and Feme, (D 2. 3.)

But joint-tenants have a right only to a moiety. Vide Co. L. 186. a. And therefore, if one makes a feoffment, gift, or demise of his part; only a moiety passes. Co. L. 186. a.

So, if one bargains and sells his lands, and before enrolment the other dies; yet only a moiety passes. Co. L. 186. a. 2 Cro. 53. Cro. Car. 217. Mo. 776.

If a lease be by all, rendering rent to them, and one does not seal it; only a moiety passes. 1 Vent. 136. (c)

If all join in a feoffment, each gives but his part. Co. L. 186. a. And therefore, if a feoffment be upon condition, that upon breach one shall enter into the whole; yet he shall enter only into his part. Co. L. 186. a. (d)

And if one feoffor dies, the feoffee cannot plead the feoffment of the survivor: for each gave only his part. Co. L. 186.

So every joint-tenant loses, or forfeits only his part. If one be an alien, the king, upon office, shall have only a moiety. Co. L. 186. a. If one be a villein, the lord shall enter but into a moiety. Co. L.

186. a.

So the one may demise his part for years, or at will, to his companion. Co. L. 186. a.

Co. L. 186. a.

Or make his companion his bailiff of his part. Co. L. 186. a.
And maintain account against him in such case.
Vide post, (K 8)

(K 7.) What charges bind the survivor.

So, if one joint-tenant does a thing which gives to another an estate, or right in the land, it binds the survivor: as, if a joint-tenant in fee, or for life, makes a lease for forty years. Lit. S. 289. (e) Vide Chancery, (3 V 7, &c.)

So, if he leases to commence in futuro, (ƒ) and dies before the commencement. Lit. S. 289.

So, if he leases for years the vesture or herbage of the land (g); for such lessee has a right to the land. Co. L. 186. b.

And the survivor (h) shall not have the rent upon a lease for years, though he has the reversion. Co. L. 185. a. (i)

So,

(c) If joint-tenants join in a lease, this shall be but one lease, for they have but one freehold. But if tenants in common join in a lease, this shall be the lease of each for their respective parts, and the cross confirmation of each for the part of the other, and no estoppel on either part, because an actual interest passes from each respectively, and that includes the necessity of an estoppel, which is never admitted, if by any construction it can be avoided. Bac. Abr. Joint-tenants, H. 4.

(d) And though joint-tenants join in demising, the tenancy may be determined as to the separate share of one by his separate notice to quit. 3 Taunt. 120. (e) 1 Inst. 185. a. 2 Rol. Abr. 89. 2 Vern. 323.

(f) Thus to begin after his death. Bac. Abr. Joint-tenants, H. 1.

(g) So if two joint-tenants are of a water; and one grants a separate piscary for years, and dies, this shall bind the survivor. For in this and like cases, the grant of the one joint-tenant gives an immediate interest in the thing itself whereof they are jointtenants. Bac. Abr. Joint-tenants, H. 1.

(4) But the personal representatives of the deceased may have debt or covenant; VOL. IV. I this

So, if he acknowledges a statute, recognisance, or judgment, and execution be sued in his life-time; that binds his companion who survives. Co. L. 184. b.

So, if there be a recovery against him, though execution be not sued in his life-time. Co. L. 185. a.

But if a joint-tenant grants a rent-charge, and dies; this does not bind the survivor: for he claims paramount the charge, and may plead a feoffment to him, without naming his companion. Lit. S. 286.

So, if he grants common, estovers, a corody, &c.

Co. L. 185. a.

So, if he acknowledges a statute, recognisance, or judgment, and dies before execution. Co. L. 184. b.

Or, be indebted to the king. Co. L. 185. a.

So, if he contracts to make a lease for years; that does not bind the survivor.

Or grants, that if A. pays so much at Michaelmas, he shall have it for years. Co. L. 185. a.

So, if he takes a lease, by indenture, of his own land, from a stranger; the survivor is not bound by this estoppel. Co. L. 185. a.

So, if a joint-tenant grants the part of his companion, it shall be void, though he survives: for it was in contingency. R. 2 Cro. 91. (k) Mo. 776. (1)

But if a joint-tenant grants a rent charge, &c. and afterwards releases to his companion; he shall hold subject to the charge, though he survives: for he does not claim by survivorship, but under the grant. Co. L. 185. a.

How a conveyance enures by one joint-tenant to another. Vide Release, (B 4.-D 1, &c.)

(K 8.) Tenants in common.

Tenants in common are those, who claim by several titles, or in several rights though by one title, and have their possession in common. Co. L. 189. Vide ante, (K 2.)

this remedy being now given to the representatives of such a lessor; for by 11 G. 2. c. 19. s. 15., the executors or administrators of tenant for life shall on his death, recover of the lessee a rateable proportion of the rent from the last day of payment to the death of such lessor.

(i) 1. If there be two joint-tenants, and they make a lease by parol or deed poll, reserving rent to one only, it shall enure to both; yet had the lease been by deed indented, the reservation should have beeng cod to him only to whom it was made, and the other should have taken nothing. Bac. Abr. Joint-tenants, H. 1. Cro. Jac. 91.2. The reason of which difference is this: where the lease is by deed or parol, the rent will follow the reversion, which is jointly in both lessors, and the rather because the rent being something in retribution for the land given, the joint-tenant for whom it is reserved ought to be seised of it in the same manner as he was of the land demised, which was equally for the benefit of his companion and himself; but where the lease is by deed indented, they are estopped to claim the rent in any other manner than is reserved by the deed, because the indenture is the deed of each party, and no man shall be allowed to recede from or vary his own solemn act. Bac. Abr. Jointtenants, H. 1.

(k) 377.

(2) If one joint-tenant make a lease for years if he and his companion live so long, and afterwards surrender his moiety, and take back another estate, the lease determined by the death of either of them; for it hath no continuance longer than the jointure continues, which is severed by the surrender, a new estate being taken. Cro, Jac. 377.

And

And they may be by descent, purchase, or prescription. Co. L. 188. b.

If tenant in tail to him and the heirs of the body of his wife, has issue a daughter, and afterwards another daughter by another venter, discontinues, and disseises the discontinuee, and dies; his daughters are tenants in common by descent: for the eldest is remitted to a moiety; and therefore they are not parceners: for they claim by several titles. Co. L. 349. b.

Tenants in common have a several right to the freehold, and inheri

tance.

And therefore, (m) in an action real, or which concerns the title, they ought not to join, except it be for an intire thing. Vide Abatement, (E 10.)

So they have a several right and title to a moiety of the things which they hold in common: and therefore, if one dies, his moiety does not survive, but goes to his heir; or if it be a chattel, to his executor or administrator.

And one of them may enfeoff his companion of his part. Co. L. 200. b. If one levies a fine, makes a feoffment, &c. of the whole; his moiety passes.

If one actually ousts (n) his companion of the possession, the other may maintain an ejectment against him. Lit. S. 322.

So, if one ousts the other of his ward, or other chattel real, the other shall have ejectment of ward against him. Lit. S. 323.

So, if one tenant in common destroys the flight of a dovecote, the other shall have trespass. Co. L. 200. a. Or destroys all the deer in their park, &c. Co. L. 200. b. Or removes the merestones pro metis et bundis terrarum suarum. Co. L. 200. b.

If one disturbs the other in the setting up of hurdles for their foldage. Co.-L. 200. b.

So, if one tenant in common of a wood, turbary, piscary, &c. does waste against the will of the other; he shall have waste against him. Co. L. 200. b.

(m) They cannot join in a lease. 2 Wils. 232.

(n) 1. An actual ouster may be inferred from circumstances, which circumstances are matter of evidence to be left to the jury. Cowp. 217. — 2. Thus thirty-six years sole and uninterrupted possession by one tenant in common, without any aocount to, demand made, or claim set up by his companion, was held to be sufficient ground for the jury to presume an actual ouster of the co-tenant. Ibid.-3. If upon demand by the co-tenant of his moiety, the other refuse to pay, and deny his title, saying he claims the whole, and will not pay, and continues in possession, such possession is adverse and ouster enough. Ibid. 11 East, 49.-4. And in like manner where there were two joint-tenants of a lease for years, and one bade the other go out of the house, and he went out accordingly, this was held to be an actual ouster. Vin. Abr. V. 14. 512. — 5. Upon the same principle although the entry of one is, generally speaking, the entry of both, yet if he enter claiming the whole to himself, it will be an entry adverse to his companion. Ibid.-6. But where there was no circumstance to induce a supposition of an actual ouster, but a bare perception of the profits by one tenant in common for twenty-six years, the possession was held not to be adverse. 5 Burr. 2604. — 7. And where a tenant in common levied a fine of the whole premises, and afterwards took all the rents and profits for four or five years, but it did not appear that he held adversely at the time of the levying the fine, it was held that such fine and receipt were not sufficient evidence of an ouster by his companion. 1 East, 556. 568. 574. Sed vide 2 Atk. 630. 632. Adam's Eject. 61, 62.-8. And after recovery by one in ejectment against the other, he may have trespass for mesne profits. 3 Wils. 118.

If one corrupts the water, the other shall have an action upon the Co. L. 200. b.

case.

If one will not repair their house, mill, &c. the other shall have a writ de reparatione facienda. Co. L. 200. b. F. N. B. 127.

If one makes the other his bailiff of his part, as he may, he shall have account against him. Co. L. 200. b. Vide ante, (K 6.)

But their occupation is in common per my et per tout: and therefore, (o) the one shall not have ejectment against the other, without an actual ouster. Co. L. 199. b. R. Cro. El. 220. 1 Leo. 312. D. 1 Sal. 391, 392. So the one cannot disseise the other, without an actual ouster. R. I Sal. 392.

So, if the one takes (p) an intire chattel real, as the body of his ward, villein, &c. the other may take him back, but shall not have remedy by action. Co. L. 200. a. (q)

So, if the one takes a chattel personal intire, or not intire; the other may retake it when he has an opportunity, but has no remedy by action. Co. L. 200. a. (r)

So, if an estray, or other thing belonging to a manor, which they have in common, happens.

So, if A. has a ship in common with B. and disposes the whole to another; no remedy lies by action against A. R. 1 Lev. 29. (s)

When partition shall be made between joint-tenants, and tenants in common, and how. Vide Parceners, (C 1, &c.)- Pleader, (3 F 1, &c.) When they shall join in a suit, or be jointly sued, and when not. Vide in Abatement, (E 9. 10.- F 5. 6.) — Chancery, (3 V 1, &c.) What words in a devise, &c. make an estate in common. Vide ante, K 2.)-Devise, (N 8.)- Chancery, (3 V 4.)

ESTATES, BY DEVISE.

(A) Devise by the common law. (B) Devise by statute. p. 119.

p.

118.

(0) One tenant in common shall not bar the other by the statute of limitation, where there has been no adverse possession. 5 Burr. 2604. 2 Blk. 690. Lofft. 768.

(p) 1. One tenant in common of a chattel may apply it to its proper purpose, and to this end, may change its form, if necessary; when the tenancy in common will continue as before. i Taunt. 241.-2. And may fell trees upon the land held in common, of a growth fit to be cut, though against the others' consent, who, however, may claim a moiety of what they produce. 8 T. R. 145.-3. But in all cases, where one tenant in common misuses that which he has in common with another, he answerable to the other in an action as for misfeazance. 8 T. R. 145.

(q) Payment to one of two tenants in common of whom premises are holden, is no discharge of the other's share, if he previously warned the tenant not to pay it. 5 T. R. 246.

(r) And, therefore, one tenant in common cannot maintain a possessory action, trover for instance, against his companion, even though he has the custody of the property, and has given to his companion a bond to be answerable for it. 1 T. R. 658. 2. Yet if he destroy it the other may have

(s) 1. Semble accord. 4 East, 110. trover. 4 East, 121.

(C) Test