clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 408   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

408 31 H. 8, CAP. I, PARTITION.
Minds and Wills, of other holding the same Manors, Lands,
and 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
312 'assembled, That all joint Tenants and Tenants in com-
mon, that now be, or hereafter shall be, of any Estate or Es-
tates of Inheritance in their own Eights, or in the Right of
their Wives, of any Manors, Lands, Tenements, or Heredita-
ments within this Realm of England, Wales, or the Marches
of the same, shall and may be coacted and compelled, by vir-
tue of this present Act, to make Partition between them of all
such Manors, Lands, Tenements, and Hereditaments, as they
now hold, or hereafter shall hold as joint Tenants, or Tenants
in common, by Writ De participatione facienda, in that case
to be devised in the King our Sovereign Lord's Court of Chan-
cery, in like manner and form as Coparceners by the common
Laws of' this Realm have been and arc compellable to do, and
the same Writ to be pursued at the common Law. 2 Bulstr.
114.
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 dereign the Warranty
paramount, and to recover for the rate, as is used between
Coparceners after Partition made by the order of the common
Law; anything in this Act coatained to the contrary notwith-
standing.
I. Godbolt, 84. pi. 97. Several Inconveniences ensuing by holding Lands
jointly, or in common, being undivided.
II. Joint Tenants and Tenants in common are compellable to make Parti-
tion by Writs. Extended to joint Tenants, &c. for Life or Years by 32 H. 8,
c. 32. Co. pi. 1, f. 400. Raymond, 249. Dyer, 128, 350 b. Bro. Partit. 38,
42. Cro. El. 759.
III. Every of the joint Tenants and Tenants in common shall have Aid
of the other. Hob. 179. 6 Co. 12.
Scope of Statute*.—This and 32 H. 8, c. 32, and 8 & 9 W. & M. c. 31, are
the well-known Statutes under which joint tenants and tenants in common
of estates of inheritance, or for term of life, or years, are compellable to

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 408   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives