Partition

Where two or more jointtenants, coparceners, or tenants in common, agree to divide the lands so held among them, in severalty, each taking a distributive part.'' ■ L. partlcula, a small part, a " particle." = [2 Bl. Com. 165.] 3 Starkweather v. Kittle, 17 Wend. 81 (1837). * Zacarino v. Pallotti, 49 Conn. 38 (1881), cases; Chesapeake, &c.

Canal Co. v. Knapp, 9 Pet. *564 (1835).

Used both as a verb and a noun. As in some instances there is a unity of interest and in all a unity of possession, the co-owners must mutually convey and assure to each Mher the several estates. 1 May be had amicably, or compulsorily — either by a suit in equity »r by special statutory proceedings on an award of commissioners. Land and buildings which cannot be partitioned without injury to the whole property may be sold and the proceeds divided. The judgment upon a writ at conunoil law is qiiod partitio fiat, that partition be made.* The object is to secure to each tenant the exclusive possession of his share, thereby avoiding the inconveniences which result from holding property in common. When, therefore, possession cannot follow the judgment, partition cannot be had; that is, an estate must be a subsisting estate held in common or undivided, by persons entitled, after partition, to an immediate possession in severalty. The proceeding is subject to the rights of a dissenting life-tenant." The difference betwen a judgment and a writ of partition at common law is, that the former operates by way of delivery of possession and estoppel, while in the latter the transfer of title can be effected only by the execution of conveyances between the parties, which may be decreed by the court and compelled by attachment. In many States^ where the equity powers of the court have been aided by statutes to get rid of the difficulty of compelling parties in person to execute conveyances, the court is authorized to appoint a commissioner to execute the conveyances in the names of the parties. In other cases, the statute declares that such decree Itself shall operate as a conveyance of the title.* See further Coparcenary; Owelty; Partition,