Parker v. Harrison
Parker v. Harrison
Opinion of the Court
delivered the opinion of the court/
The demurrer was rightly overruled. The complainant was a co-tenant of all of the lands sought to be partitioned, and brought before the court the alienees of her former co-tenants, so that their interests would be protected. Surely, they cannot successfully complain of this. It is the right of one of several co-tenants to convey his interest in the whole or a part of the joint estate, but this-
It is not allowable for a co-tenant to split the joint estate into fragments, and necessitate as many separate suits for partition as there may be conveyances. He who has a joint interest in the several parcels may proceed as if no conveyance had been made by any of his co-tenants, and bring all parties in interest before the court, which will do justice between the parties according to their several rights. 1 Story’s Eq. Jur., § 656c, 657.
We agree with the Chancellor in his conclusion upon the facts.
Affirmed.
Reference
- Full Case Name
- J. H. Parker v. Nancy Harrison
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Pautition. Of two tracts of land. After conveyances by tenants. Cases in judgment. D. owned two separate tracts of land. She died intestate, the land descending to her three daughters, li., S., and M. S. sold her interest, in one tract to her sister BL, and in the other tract to one J. M. also sold her interest in the latter tract to J., and in the former to P. H. filed a single bill against both J. and P. for partition of the two tracts. The defendants demurred to the bill on the ground that “ complainant and defendants are not joint tenants, tenants in common, or coparceners” as to the land in controversy. Held, that H. having retained her interest in both tracts of land might proceed in a single suit for partition of both tracts, as if no conveyance had been made by any of her co-tenants.