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63 Miss. 225

Parker v. Harrison

Mississippi Supreme Court

Decided October 15, 1885

Mississippi Supreme Court · decided 1885-10-15

Hon. R. W. Williamson, Chancellor. Nancy Harrison filed a bill for partition which set out in substance that Nicy Dyer, the mother of the petitioner, died seized in fee of two tracts of land in Webster County; that she died intestate, leaving three heirs, the petitioner herself, and Mary and Sallie Porter; that Sallie Porter sold her interest in one of the tracts to the petitioner and her interest in the other tract to James Parker; that Samuel Parker claimed some sort of…

Good law ✅— No negative treatment on recordhow we know

Decided 1885-10-15

How this case has been cited

Cited by 6 later decisions — most recently April 1955

6 state decisions

1018851890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell, J.,

¶1delivered the opinion of the court/

¶2The 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-*228shall not prejudice the rights of a co-tenant who has not aliened and desires to obtain partition.

¶3It 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.

¶4We agree with the Chancellor in his conclusion upon the facts.

¶5Affirmed.

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