Jorsv tenants, are those that come to, and hold lands or tenements by one title pro indiviso, or without partition. These are distinguished from sole or se veral tenants, from parceners, and from tenants in common ; and they must joint ly implead, and jointly be impleaded by others, which properly is common be tween them and coparceners ; but joint tenants have a sole quality of survivor ship, which coparceners have not ; for if there be two or three joint tenants, and one bath issue and dies, then he or those joint tenants that survive shall have the whole by survivorship. The creation of an estate in joint tenancy depends on the wording of the deed or devise, by which tenant claims title, and cannot arise by act of law. If any estate be given to a plu rality of persons, without adding any re strictive, exclusive, or explanatory words, as if an estate be granted to A and B, and their heirs, this makes them immedi ately joint tenants in fee of the lands. If there be two joint tenants, and one release the other, this passes a fee without the word heirs, because it refers to the whole fee, which they jointly took, and are pos sessed of by force of the first conveyance; but the tenants in common cannot release each other, for a release supposes the party to have the thing in demand : but tenants in common have several distinct freeholds, which they cannot transfer otherwise than as persons who are sole seized. Although joint tenants are seized
per inie et per tout, yet to divers purposes each of them hath but aright to a moiety; as, to enfeoff, give or demise, or to forfeit or lose by default in a prweipe ; and therefore, where there are two or more joint tenants, and they all join in a feoff ment, each of them in judgment gives but his part.
At common law, joint tenants in com mon were not compellable to make par tition ; except by the custom of some cities and boroughs. But now joint-ten ants may make partition ; the one party may compel the other to make partition, which must be by deed : that is to say, all the parties must by deed actually con vey and assure to each other the several estates, which they are to take and enjoy severally and separately. Joint tenants being seized per mie et per tout, and deriv ing by one and the same title, must joint ly implead, and be jointly impleaded with others. If one joint-tenant refuse to join in an action, he may be summoned and severed ; but if the person severed die, the writ abates in real actions, but not in personal and, mixed actions.