PARTITION, the division by co-parceners, joint-tenants, or tenants in common, of their undivided interests in lands, tenements, or hereditaments, or in goods and chattels. Technically the term is restricted to the severance of common interests in real estate, by the persons above named. Estates in co-parcenery were created by operation of law, when one estate fell to two heirs: thus, where the tenant of an estate in fee died without male heirs, his estate devolved upon his daughters or female representatives, who took as co-parceners. A dissolution of such a joint-estate would lie compulsory at the common law, upon request of a single co-pareener, because the creation of the joint-estate was compulsory. But estates in joint-tenancy and tenancy in common were created by voluntary act of the parties and could be dissolved only in the same way. The common-law rule was finally changed by statute, so that since the reign of William IV. all estates in common have been subject to partition. Joint-tenancy been gener ally abolished in the United States, so that tenancy in common is practically the only form of joint-ownership found in this country. Tint heirs and devisees holding the estate of a deceased ancestor, in common, have still to retort to partition. Partition is either compulsory, i.e., without reference to the consent of one or more of the owners; or.voluntary, i.e., by consent of all the owners. The former is effected by the suing out of a writ of partition at common law, by the party demanding partition, or by bring ing a pa rtithm in a court of equity. A voluntary partition is secured by a mutual release br all the other owners to every owner of the share which is to vest in hint. It is always more advantageous, and is now more common to seek partition in a court of tinily. A law court can make a severance only in accordance to the proportionate iiiten2sts of the parties; and such it division is often injurious to the interests of some of the 'tallies. A court of equity does not confine itself to the allotment of equal shares, but makes an equitabledi vision, giving each party the portion which seems best adapted for his interests, and if necessary making one party an equitable compensation for improvements made in the common property. Where a petitioner's title is disputed, equity will not interfere, and he must establish it at law. " Partition in law and at
equity," says lord Redesdale, "aye very different things. The first operates by the judg ment of a court of law and delivering up possession in pursuance of it, which concludes all the parties to it. Partition in equity proceeds upon conveyances to be executed by the parties, and if the parties be not competent to execute the conveyance, the partition cannot be effectually A written agreement for a partition its held by equity is equivalent to a partition, and will be enforced. A parol partition has been held void, notwithstanding an actual possession in severalty; but it has been held that where a ten ant in common has had actual adverse possession for a number of years, partition will be inferred. A parol partition will be held good notwithstanding the statute of frauds, if there have been a several possession for some time, and the line of partition is certain. A partition of real estate by quit-claim deed is valid between the grantee of a tenant in common and his co-tenants. As a rule, a person must have actual seisin to maintain proceedings for partition, but a tenant in eommou need have only a right of entry. NO partition can be had of land to which the parties have only a title in remainder, or where the title is vested in a third person, as a trustee. A tenant in common of personal prop erty cannot maintain a bill for partition, while another has adverse possession. The owner of an undivided interest cannot claim partition of part of the land held in com mon, but if division be made, the whole must be divided. When proceedings for par tition are brougnt, every person not a plaintiff having an interest in the land, must be made a plaintiff. In many states special proceedings for partition have been established by statute, and particular courts, frequently courts of probate, are given jurisdiction over partition. The limit of the interest of the several parties is first fixed by a hearing, and thereupon the court appoints commissioners to make the severance anti allotment. their acts being subject to the revision of the court. If no equitable division of the land can be mad;;, it is to be sold at public auction, and the proceeds divided among the owners according to the order of the court, which will protect the rights of all parties in its demee. •