right of survivorship of land and chattels might be reversed. He says, "And as the survivor holds place between joint-tenants, " in the same manner it holdeth place between them which have "joint-estate, or possession, with another of a chattel, real or "personal. If a horse, or any other chattel personal, be given to 66 many, he which surviveth shall have the horse only (c)." Joint tenancy of land is, in fact, a complicated species of tenancy, and its principles depend a good deal on technical refinement. It cannot reasonably be doubted, that a joint-tenancy of land is of comparatively late introduction in our feudal system, and that it followed a joint-tenancy of chattels, in which the right of survivorship appears to be an incident so very natural, that probably it has always belonged to it.

Ir joint-tenants create an under-tenancy for a freehold estate, by livery of seisin, the seisin may be delivered by one of them in the name of all (d). The livery is a mere ceremony of giving possession, and may be performed by one tenant, or even a stranger legally appointed, with as much effect as by all the tenants jointly. Yet, if either of the joint-tenants be absent at the time of the livery; it seems, in order that the livery may be good, either it must be accompanied by a conveyance by deed, or the party absent must appoint, by deed, the person to give livery for him, his attorney for that purpose (e).

It appears, the under-tenant will owe the service of the oath of fealty to each of the joint-tenants (ƒ), yet if he takes the oath to one only, it seems he cannot be called upon to take it again to the others (g). As services depend on stipulation at the time of

(c) Litt. S. 281.

(d) Co. Litt. 48. b.

(e) Ibid. See also 48. a.

(f) Co. Litt. 67. b.

(g) Ibid.

the contract for tenancy, if the intention of the parties requires it, they may be reserved to any one or more of the joint-tenants, in exclusion of the others (h). But if they be so reserved, in order that the reservation may be good, it is necessary that the grant of the land be made by deed indented. If made by writing only, or by deed-poll, the reservation will enure to all the joint-tenants. But if the services be reserved to one or more only, by deed indented, then the reservation will enure to such persons alone by way of conclusion (¿).

To effect an assignment of a joint-tenancy, all the tenants jointly convey all, or a part of, the land, and all their estate in the land conveyed. As, if A. and B. are joint-tenants in fee of 100 acres, and they assign their tenancy to C., they jointly convey to him all the land, to hold to him in fee. If they assign to him their tenancy in 50 acres only, they jointly convey to him that part alone, to hold in fee.

A joint-tenant effects an assignment of his own part of the tenancy, by conveying an undivided portion of the land, equal to his own share. As, if A. and B. are joint-tenants of 100 acres, and A. assigns his tenancy to C., he conveys to him 50 undivided acres.

If a joint-tenant assign to his companion, whether the estate assigned be chattel or freehold, the assignment, or, as such conveyance is in this case technically called, the re-lease, must be made by deed. A deed, and not merely a writing, is essential to a release (k). If the release be of a freehold estate, as the assignee is already in possession of the land, livery of seisin would

(h) Co. Litt. 47. a.

(i) lbid.

(k) Ibid. 264. b.

be a superfluous and informal mode of conveyance (1). The deed is sufficient. A release by one joint-tenant to another, is said to enure, by way of mitter l'estate (m).

Ir joint-tenants convert their tenancy into a tenancy in common, this is a severance of their tenancy (n). A severance may be effected by a deed of severance. It may also be made by destroying either of the principles mentioned as necessary to constitute a jointure. Thus, if A. and B. be joint-tenants in fee, and A. conveys his estate to C., B. and C. are tenants in common (o). If A. B. and C. are joint-tenants in fee, and A. assigns to D., D. is a tenant in common of one-third; and B. and C. will remain joint-tenants of the other two-thirds (p). In like manner, if A. releases his third to B., B. and C. continue jointtenants of two-thirds; and B. is a tenant in common of the remaining third (q). In these cases, the continuing joint-tenants, and the alienee of A., take their estates under different convey

ances. estate.

Again, joint-tenants enjoy jointly one and the same If A. seised in fee, grants to B. and C., for their lives, and to the heirs of B; B. and C. take a joint estate for their lives, and B. the inheritance, by way of remainder (r). But if A., seised in fee, grants to B. and C. jointly for their lives, and A.'s reversion descends to, or is purchased by B., the doctrine of merger (s) will destroy B.'s life-estate, and he will be now tenant in fee. But C. will continue tenant for life; and, therefore, B. and C., having different estates, and no longer together one and the same, namely, the estate for their lives, they will cease to be joint-tenants, and will be tenants in common; B. in fee, and C.

(1) Co. Litt. 49. b.

(n) Ibid. 182 b.

(p) Litt. S. 294.

(r) Ibid. 285. Co. Litt. 182. b. 184. a.

(m) Co. Litt. 193. a. 273. b.

(0) Litt. S. 292.

(q) Ibid. 304.

(s) Co. Litt. 182. b.

for life; reversion in fee, on this life estate, in B (t). If A. and B. are joint-tenants in fee, and A. leases to C. for life, the jointtenancy is severed for a time, and A. and B. will, for that period, be tenants in common (u). But the severance is, in this case, only for a time, and this time lasts until the determination of the under-tenancy, in the joint life-time of A. and B., or until the death of one of them (v). If the lease determines in their joint life-time, their jointure is revived, and they are again jointtenants (w). But if either A. or B. dies during the continuance of the lease, the severance of their jointure ceases to be temporary only, or merely a suspension of it; and the joint-tenancy is gone for ever. If A. dies, his heir and B. become tenants in common; or, if B. dies, B.'s heir and A (x). It will be observed, that the lease from A. to C. is, for the life of C.,-a freehold estate. It appears that a lease for years will not occasion a temporary severance of a joint-tenancy. If A. and B. are joint-tenants in fee, and A. leases to C. for years; notwithstanding this lease, A. and B. continue joint-tenants; and if A. dies during the lease, his reversion will survive to B., and B. will become sole tenant in fee (y).

A joint-tenancy for years may be severed altogether in like manner as a freehold tenancy, but it cannot be suspended. If A. and B. are joint-tenants for years, and A. underlets to C., A. and B. are now tenants in common, and their joint-tenancy will never revive (z).

Joint-tenants have not only the right to sever their tenancy, and so to convert it into a tenancy in common, but have also the power, by partition, altogether to separate their tenancy, and to turn it into several sole tenancies. A partition, by joint-tenants, for a freehold estate, must be made by deed (a). Joint-tenants for years, may make partition without deed (b). A writing, however, seems necessary (c).

If joint-tenants do not all agree to part the tenancy, a partition may now be compelled. By the common law it could not (d). The statute 31 Henry VIII. c. 1, provides, for the purpose, a writ de partitione facienda, to be sued out by joint-tenants in fee; and the 32 Henry VIII. c. 32, extends the remedy to jointtenants for life or years. The courts of equity also have a concurrent jurisdiction with the courts of law, to compel a partition; and whenever the title of the parties is at all complicated, a bill in equity is a preferable mode of proceeding (e).

SECTION XXII.

Ir two or more persons are seised of land per my, and not per tout, they are called tenants in common. As, if A., B., and C., tenant 300 acres, of which A. is seised of 100 undivided acres, B. of 100, and C. of 100; or A. of 200 undivided acres, B. of 50; and C. of 50; or in any other proportions; in these cases, A., B., and C., are tenants in common (f). A tenancy in common is often expressly created. It may arise, also, in other ways; as by the severance of a joint-tenancy, or tenancy in parcenery. Thus, according to Littleton, "If lands be given to two, to have and to

(a) Co. Litt. 169. a. 187. a.

(c) Statute of Frauds, 29 Ch. 2. C. 3. S. 3.
(d) Co. Litt. 187. a.

(b) Ibid. 187. a.

(e) Mitford's Plead. 109. 110. (f) Litt. S. 292. 298. Co. Litt. 189. a. 190. b,

M