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Hotchpot

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

7 Blending properties belonging to two or more persons in order to make an equal division. Also spelled hodge-podge, hotch-potch, hotspot. As, where advancements (q. v.) are treated as returned, and the estate as a whole divided anew. "Hotch-pot meant, originally, a pudding: for in a pudding is put one thing with other things." ^ By this metaphor our ancestors meant that lands in partition among co-parceners, given in frank-marriage, and lands descending in fee-simple, should be mixed or blended together, and then divided in equal portions among all the daughters of their ancestor.,. An incident to an estate is co-parcenary. If, to advance a daughter in marriage, an estate-tail in lands was given her, and aftemard lands descended from the donor to her and her sisters in fee-simple, she had no share in the latter unless she agreed to divide her advancement in equal proportion with the lands so 'Winfrey v. Zimmerman, 8 Bush, 588 (1871); Mallory V. Berry, 16 Kan. 295 (1876).

Compare Carruth v. Grassie, 11 Gray, 211 (1858); Johnson v. Babcock, 8 Allen, 583 (1861). > Ames V. Martin, 6 Wis. *362 (1858). 'Aylesworth c^.

Chicago, &c.

B. Co., 30 Iowa, 460 (1870). * Robert v. Adams, 38 Cal. 383 (1869); Allman v. Gann, 29 Ala. 242 (1856). »Noland v. Wickham, 9 Ala. 171 (1846); Winfrey v. Zimmerman, 8 Bush, 588 (1871). •Cobbs«. Coleman, 14 Tex. 598 (1855); Dearborn v. Phillips, 21 id. 451 (1858). descended.

Hereby two sorts of lands were mixed and then divided equally.'