Volume 194, Page 439 View pdf image (33K) |
32 H. 8, CAP. 33, WRONGFUL DISSEISIN. 439 Estate or Estates of Inheritance of and in any Manors, Lands, Tenements, and Hereditaments: (3) Be it therefore enacted by the King our Sovereign Lord, and by the Assent of the Lords Spiritual and Temporal, and the Commons, in this pre- sent Parliament assembled, and by the Authority of the same, That all joint Tenants, and Tenants in common, and every of them, which now hold, or hereafter shall hold, jointly or in common for term of Life, Year or Years, or joint Tenants, or Tenants in common, where one or some of them have, or shall have Estate or Estates for term of Life or Years, with the other that have or shall have Estate or Estates of Inheritance or Freehold in any Manors, Lands, Tenements, or Heredita- ments, shall and may be compellable from henceforth, by Writ of Partition to be pursued out of the King's Court of Chan- cery, upon his or their case or cases, to make Severance and. Partition of all such Manors, Lands, Tenements, and Heredi- taments which they hold jointly or in common for term of Life or Lives, Year or Years, or where one or some of them hold jointly or in common for term of Life or Years with other, or that have an Estate or Estates of Inheritance of Freehold. II. Provided alway, and be it enacted, That no such Parti- tion or Severance hereafter to be made by force of this Act, be, nor shall be prejudicial or hurtful to any person or persons, their Heirs or Successors, other than such which be parties unto the said Partition, their Executors, or Assigns. I. 31 H. 8, c. 1. Joint Tenants, and Tenants in common for Lives or Years shall make Partition. 2 Bulstr. 114. 1 Leon. 162. Joint Tenants for Life or Years, are compellable to make Partition. Bro. Partition, 38, 41. Co. Litt. 175 a. 187 a. II. Partition to be prejudicial to none but Parties. Co. Entr. 412 b. See the note to 31 H. 8. c. 1. CAP. XXXIII. 334 An Act that wrongful Disseisin is no Descent in Law. Where divers persons of their insatiable Minds have hereto- fore by Strength, and without Title, entered into Manors, Lands, Tenements, and other Hereditaments, and wrongfully disseised the rightful Owners and Possessors thereof, and so being seised |
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Volume 194, Page 439 View pdf image (33K) |
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