Partners in trade are joint tenants of the partnership stock which is of a moveable kind, but on the death of a partner his personal repre sentatives become tenants in common in equity, with the surviving partners ; and it was at one time considered that they acquired a legal tenancy in common, with the survivor. In equity there is no survivorship in lands which partners have held for the purposes of trade.
If money is jointly advanced by two or more persons on a mortgage security, there is in equity no benefit of survivorship among them.
A joint tenant, like s tenant in common, cannot maintain an action of troves against his companion for goods which are in his com panion's possession ; for according to the English doctrine of I possession, possession by one joint tenant, tenant in common, or , le gRaccelly the peem.rnsion of all. The doctrine of possession tomato in common, and parerners, Is materially send as to lead. and rents by 3 A 4 Will. IV., c. 27, see. 12, and In assethee mot by tee. 13.
JOIXTVItil This legal term warn originate used to denote the Intereo of Pest temants, which interest wee collo) an Wens its joixture. More the Mom. of 27 lien. VIII., c. 10 (of Use.), lands cortreyed to woes were not subject to dower ; and am such conveyancer worn frequent, it bens. stud to stipulate, welts • treaty for a marriage, that the Intaselsd huabool should textvey an adequate portion of his lands to the use of kilos& and wife ira jetetem, that is, .a joint tenants for their hoe, whereby • provident would to secured to the wife, If she tele vised, cessenessaurata in point of duration with the dower which the mamas law would hare given her, if the system of uses had remained unkamns. When the Statute of U sea warn passed for transferring the legal mute to the trefoil pie um, it warn considered unreasonable that wires should by mama of the destruction of uses be entitled to claim doom in their intabantial book, and should at the mune time enjoy a provition node for them in ooneideration that they were not so sailtissi. The sixth emotion of this statute therefore provided that we haring provielono in the nature of jointures should not be eamtlni to claim dower of the residue of their husbands' lands. (Dottrel An mono limites1 to a woman must, in order to be deemed a good 'Mature and a bar to dower under this statute, commence and take effect in poneetion or km " refit immediately on the death of the husband. It must also be for the life of the wife, or for some greater estate. It must be in ettidaction of the whole dower, and not of a port only. It must be made before the marriage; foe by the ninth
meths, tf the jointure be made during the marriage, the wife ie at liberty after the death of her husband to refuse the jointure and demand her dower. if however the widow once accept such jointure, the ie perpetually bound, even though the estate in jointure created daring theles made subject to a condition, and is in that room* km 1 than dower.
A woman, though under age at the time of her marriage, is bound by an antentmptisd jointure, Inasmuch as the bar of dower arising out of the limitation of a jointure is not a matter of contract (by which minor* are not boungb, but proceeds upon the ground of the subtitl• tine of a new prevision mails 17 the husband. or on his behalf, under the authority of an act of parliament it war formerly considered that the notate must be directly limited to the wife herself, and not con vsTed to others in trust for her ; but It Is now settled that a trust mute It • good equitable jointure in bar of dower.
Where an estate tail la limited to a woman for her jointure, 'she is notriete l from alienation or dirceetinuance by 11 lien. VII., c. 20, and 32 lien VIIL, e. 36; on the other hand, if she be lawfully evicted from the whet* or Tort of the jointure lands, she will be entitled to be endowed of the rondos of the lands of which, hut for such jointure, she would hare been dowable, to the 'value of the lands of which she los been deprived by such eviction.
In comaquence of the practical inconveniences attending a limitation of land by way of jointure, It has become newt' to create a rent chem. (that Is, an annuity charged upon land with a power of distress) for the life of the wife, with the power of distress', and also a power of entry, that is, the right of entering upon the land charged and retain Mg the ponession until the annuity is laid, and further protected by a demke of the land to • trustee for • term of years. Such annuity ought In striettem to be charged upon the land which would otherwise Le liable to dower, or urea some part of it This eerily to the widow and to the heir or devisee of the A more eertAin income is provided for the widow, and the heir or devisee may enter into the immediate potent mien sod take upon himself the management of the whole estate. This ostemCluted prethion by way of annuity is frequently called the wife's joint ure.
tr.../..irt. mad Horsemen Nom : Cruim'a Dig. ; Beeen's Abr.)