Partition

The division whicli is made between several persons of lands, tenements, or hereditaments, or of goods and chattels, which belong to them as coheirs or coproprietors. The term is more technically applied to the division of real estate made between coparceners, tenants in common, or joint tenants. Compulsory partition is that which takes place by a judicial proceeding for that purpose, without regard to the wishes of one or more of the owners. Voluntary partition is that made by the owners by mutual consent.

The division which is made between several persons of lands, tenements, or hereditaments, or of goods and chattels which belong to them as cupi oprietors. The term is more technically applied to,the division of real estate made between co-parceners, tenants in common, or joint tenants. Voluntary partition is that made by the owners by mutual consent. It is effected by mutual conveyances or releases to each person of the share which he is to hold, executed by the other owners. Cruise, Dig. tit. 32, c. 0, § 14. Compulsory partition is that which takes place without regard to the wishes of one or more of the owners. ary; Litt. § 201. By statutes of 31 Henry

The dividing of lands held by joint tenants, coparceners or tenants in common, into distinct portions, so that they may hold them in severalty. And, in a less technical sense, any division of real or personal property between co-owners or coproprietors, Meacham v. Meacham, 91 Tenn. 532, 19 S. W. 757; Hudgins v. Sansom, 72 Tex. 229, 10 S. W. 104; Weiser v. Weiser, 8 Watts (Pa.) 279, 30 Am. Dee, 313; Gay v. Parpart, 106 U. S. 679, 1 Sup. Ct 456, 27 Ik Ed. 256.

— Owelty of partition. See Owelty. Partition, deed of. In conveyancing. A species of primary or original conveyance between two or more joint tenants, coparceners, or tenants in common, by which they divide the lands so held among them in severalty, each taking a distinct part. 2 Bl. Comm. 323, 324.

— Partition of a snceession. The partition of a succession is the division of the effects of which the succession is composed, among all the co-heirs, according to their respective rights. Partition is voluntary or judicial. It is voluntary when it is made among all the co-heirs present and of age, and by their mutual consent. It is judicial when it is made by the authority of the court, and according to the formniities prescribed by law. Every partition is either definitive or provisional. Definitive partition is that which is made in a permanent and irrevocable manner. Provisional partition is that which is made provisionnily, either of certain things before the rest can be divided, or even of everything that is to be divided, when the parties are not in a situation to make an irrevocable partition. Civ. Code La. art. 1293, et seq.

A dividing or severing into in which several are jointly interested lands held by several, in joint-tenancy, parcenary, into separate parts, shares respective interests of the parties, — ceeding in mode prescribed by paries.

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,

The division of land in common, joint tenancy, or

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.

conveyancing. A deed of partition is one by which lands held in joint tenancy, co-parcenary, or in common, are divided into distinct portions, and allotted to the several parties, who take them in severalty. In the old deeds of partition, it was merely agreed that one should enjoy a particular part, and the other, another part, in severalty; but it is now the practice for the parties mutually to convey and assure to each other the different estates which they are to take in severalty, under the partition. Cruise Dig. t, 32, c. 6, s. 15.