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Partition

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Allotment of shares; division. In jurisprudence, it is usually used of the right, or of proceedings to enforce the right, which either of joint owners of real property has to demand a diyision, and that his share be set ofE to him in severalty. Partition may take place by voluntary agreement and act of the parties; or by suit addressed to the ordinary equitable jurisdiction of a court having chancery powers; or by a special statutory petition and award of commissioners, which, in most jurisdictions, is provided as a more convenient and less expensive means than a suit. The word does not necessarily import corporal division; land which cannot be parted may be sold, and the proceeds divided.