Owelty

The difference which is paid or secured by one coparcener to another for the purpose of equalizing a partition. Litt. § 251; Co. Litt. 169a; 1 Watts (Pa.) 265; 1 Whart. (Pa.) 292; Cruise, Dig. tit. 19, § 32; 1 Vern. 133; Plowd. 134; 16 Viner, Abr. 223, pi. 3; Brooke, Abr. "Partition," § 5; 99 Tex. 51, 97 S. W. 334, Ann. Gas. 1914 A650; 117 IlL 3B1; 160 111. 602.

The difference which is paid or secured by one coparcener or eotenant to another for the purpose of equalizing a partition. Littleton § 251; Co. Lift. 100 a; Long v Long, 1 Watts (Fa.) 205; 10 Viner, Abr. 220, pi. 3. See Barkley v. Adams, 158 Pa. 30(1, 27 Atl. 808; Reed v. Deposit Co., 113 Fa. 578, 6 Atl. 103. A charge on land for owelty of partition follows the land into the hands of a purchaser from the person to whom it was allotted; and the statute of limitation does not run against it, as the possession is not adverse; Dobbin v. Rex, 100 N. C. 444, 11 S. E. 200.

In old English law. Equality.

Equality. This word is used in law in several compound plirases, aa follows: 1. Owelty of partition is a sum of money paid by one of two coparceners or co-tenants to the other, when a partition has been effected between them, but, the land not being susceptible of division into exactly equal shares, Buch payment is required to make the portions respeclively assigned to them of equal value. 2. In the feudal law, when there is lord, mesne, and tenant, and the tenant holds the mesne by the same service that the mesne holds over the lord above him, this was called “owe:ty of services.” Tomlins. 3. Owelty of exchange is asum of money given, when two persons have exchanged lands, by the owner of the less valuable estate to the owner of the more valuable, to equalize the exehange.

Money paid, or secured, by one co-tenant to another, to equalize a partition of their realty. Somewhat in the nature of purchase-money for land.' A court of equity, with a view to the more convenient and perfect partition or allotment of the premises, may decree a pecuniary compensation to one of the parties for owelty or equality of partition, so as to prevent injustice or unavoidable inequality.^ Where equal partition in value cannot be made of any shares or purparts, the inquest shall equalize them by valuing them respectively, and award that any one or more shall be subject to the payment of such sum of money as shall be equal to the difference in value of any other share or shares, and shall return the same with their inquest; which sum or sums, when final judgment shall be rendered on the writ, shall be a lien on the lands designated to pay the same.*

Equality. A sum paid by one of two joint owners, upon a partition of lands which cannot be quite equally divided, to equalize the shares, to make the value received by the recipient of the smallest parcel as gieat as that received by him who takes the largest, is called owelty of partition. In the feudal law, when there is lord, mesne, and tenant, and the tenant holds the mesne by the same service that the mesne holds over the lord above him, this was called owelty of services. Tomlins.