Tenant

^ In its largest sense, any one who holds lands, whatever the nature or ex- ■ tent of his interest. ^ One who holds lands by any kind of title, whether for years, for life, or in fee. 9 Ahnost all realty is supposed to be holden of some superior lord, in consideration of services to be rendered by the possessor. The thing held is styled the 1 1 Bl. Com. 847; 3 id.

307. 2 United States!;. Knight, 14 Pet. 315 (1840); Fink v. O'Neil, 106 U. S. 280-82 (1882), cases. "United States v. Thompson, 98 U. S. 489-90 (1878), C£IS6S •i Broom, Max. 65. See 70 Ala. 519; 38 Ohio St. 86; 66 Pa. 238. „ „ „, d., 5 Neslin-u.

Wells, 104 U. S. 441 (1881); 1 Story, Eq. § 64 • 8 Kent, 123; Broom, Max. 303-64; 2 Bl. Com. 10, 18; 29 Minn. 287; 33 Ohio St. 98. ' F. tenant, holding: L. tenere, to hold. tenement, the possessor thereof the tenant, and the manner of possession a tenure, or tenancy. ' In popular language, "tenant" stands opposed to " landlord," and implies that the land, house, or other real property is not the tenant's own but another person's of whom he holds immediately; and this sense is recognized in jurisprudence, as when the law relating to "landlord and tenant" is spoken of. But, speaking broadly, within the understanding of the law, every possessor of landed property is a tenant, whether the property is absolutely his own or is leased of another person. A mere lodger may not be regarded as a tenant.'^ Tenants are, or have been, distinguished, by terms referring to the nature of the estate held by them. At common law, the first three descriptive designations following were generic: Tenants in common. Such as hold by several and distinct titles, but by unity of possession; because none knows his own severalty, and therefore all occupy promiscuously '■', This tenancy, says Blackstone, is found where there is a unity of possession merely, with, perhaps, an entire disunion of interest, title, and time. One tenant may hold in fee-simple, the other in fee-tail or for life; or, one may hold by descent, the other by purchase, or each by purchase from a different grantor; or, again, the estate of one may have been vested for fifty years, and that of the other for a single day. The only unity is that of possession: because no man can certainly tell which part is his own. The estate may be created by destroying the unity of title or interest in an estate in joint- tenancy or coparcenary, or by special limitation in a deed. The tenants may be compelled to make partition; blit not so by early common law. They take by distinct moieties; no one has any entirety of interest: hence there is no sm-vivorship between them. As they differ from estates in severalty only in having the possession blended, the estate is dissolved by uniting all interests in one tenant, or by partition of the interests.* Tenants in common, says Kent, are persons who hold by unity of possession: they may hold by several and distmct titles, or by title derived at the same time, by the same deed or descent. They are seized per my and not per tout. In this country, the estate may be created by descent or by deed. The tenants are viewed as having distinct freeholds; and each conveys as if seized of the entirety. They sue separately as to realty, but joio to actions relating to an indivisible thing, as, for trespass on the land, or for rent. Actions of waste and account lie between them.'

Joint-tenants.

An estate in joint-tenancy is where lands and tenements are granted to 1 [2 Bl. Com. 59. " White V. Maynard, 111 Mass. 258 (1872). a 2 Bl. Com. 191. See also B Conn. 365; 12 Allen, 36; 8 Minn. 431; 4 Hun, 300; 8 Utah, 897. « 8 Bl. Com. 191-94. See also Tilton v. Vail, 43 Hun, two or more persons to hold in fee-simple, fee-tail, for life, for years, or at will.i This.tenancy 6r estate, says Blackstone, arises f rom_ the act of the parties, never from the act of the law. The tenants have unity of interest, title, time, and possession, that is, they have one and the same interest accruing by one and the same conveyance, commencing-at one and the same time, and held by one and the same undivided possession. One tenant cannot sue or be sued without joining: the other; nor do any act to defeat or injure the other's estate; nor, at common law, have an action of waste or of account against his co-tenant. Upon the death of one tenant, tiie estate remains to the siu'vivor. The estate is destroyed by severing any one of the unities.^ Joint-tenants, says Kent, are persons who own land by a joint title, created expressly by one and the same deed or will. They imiformly hold by "purchase." The estates need not be of the same duration, nature, or Interest. The beneficial act of one enures to all tenants. By statute, one tenant may maintain an action of waste or of account against his co-tenant. They join and are to be joined in suits. They are seized per my et per tout: each has entire possession of every parcel and of the whole. Survivorship is the distinguishing incident; whence the early law, which was averse to the division of tenures, favored this species of tenancy. In this coimtry, the estate is reduced in extent, and the incident of survivorship is generally abolished; except as to titles held by trustees and conveyances to husband and wife, which conveyances are rather conveyances to one person than strict jointtenancias.^ Tenants in coparcenary. These always take and hold by descent as one heir.* They have distinct estates, with right to possession in common; and each may alien his share. They resemble joint-tenants in having the same unities of title, interest, and possession. The seisin of one is generally the seisin of all,> As estates, in this country, descend to all children equally, there is no substantial difference left between co-parceners and tenants in common.* Personalty also may belong to its owners in jointtenancy, and in common, but not in coparcenary. Thus, if a house is pven to two persons absolutely, they ai'e joint-owners. If the jointure be severed, as by either owner selling, the vendee and the remaining part-owner are tenants in common. For the encouragement of trade, partnership stock is considered as common and not as joint property, with no survivorship. ^ ' Tenant at sufferance. See Sufferance. Tenant at will. One who holds lands as tenant at the will of the lessor. A tenancy at will is one which may be » 2 Bl, Com. 180. » 2 Bl. Com. 180-87. M Keut,' 357-66. * 2 Bl. Com. 187-91. determined at the will or pleasure of either party. ^ ' Such tenant has no certain, indefeasible estate; nothing that he can assign. The estate is at the will of both parties, landlord and tenant; so that either one naay determine his will, and quit connection with the other at pleasure. But if the tenant sows his land, and the landlord, before the grain is ripe, or before it is reaped, puts him out, the tenant shall have the implements, and free ingi-ess and egress to cut and carry them away. But where the tenant voluntarily determines the will, the landlord has the profits of the land. The law is careful that no sudden determination by one party shall prejudice the other; and the couits lean against construing demises, where no certain term is mentioned, to be, tenancies at will, but rather hold them to be tenancies from year to year.^ Tenant by curtesy. See Curtesy. Tenant for life. See Life, Estate. Tenant for years, or Irom year to year. See Years, Estate for. Tenant from month to month. See Month. Tenant in capita. See Feud. Tenant in dower. See Dower. Tenant in fee-simple. See Fee, 1 (2). Tenant in fee-tail. See Fee. 1 (3); Tatt.. Tenant in severalty. See Severalty. Tenant paravail. See Feud. Terre-tenant. See Terre. Under tenant. See Lease, Sublease. See further Crop; Disclaimek, 1; Emblements; Emtirett; Jointure; Lease; Moiety; Partition; Survivorship.,'