in the lifetime of the wife, the entirety will belong to her, notwithstanding the alienation or attainder of the husband; (a) nor will the husband be affected by the alienation or attainder of the wife. (b)

A gift to a man and woman, or a gift to the use of a man and woman, who afterwards intermarry, will not make them tenants by entireties. (c) But a feoffment to a man and woman jointly before marriage, and livery of seisin to them after marriage, will give them the seisin as tenants by entireties, (d) because no estate passed until the livery. (e)

If husband and wife be tenants by entireties of a term of years or other chattel real, then, unless it be otherwise settled before marriage, the husband alone may assign the term. (f)

Under a tenancy by entire ties, the freehold is in the husband, so that he alone can make a good tenant to the writ of entry; (g) but all charges, &c., by lease or by conveyance, made by him, will be void as against the wife, in the event of her being the survivor, in like manner as if the husband had been seised in right of his wife. (h) And no fine or recovery to which the husband or wife is alone a party, will bar the survivorship of the other, but the heirs inheritable under the entail will be barred. (i)

41.

(a) Co. Litt. 326 a; 2 Prest. Abs.

(b) Co. Litt. 187 b. (c) Ib.

(d) Wingate Max. 211, Co. Litt. 187 b.

(e) 2 Prest. Abs. 42.

(f) Griste v. Locroft, Cro. Eliz.

287; 2 Prest. Abs. 43. 57.

(g) 1 Prest. Con. 55. 155.
(h) 2 Prest. Abs. 43.

(i) Beaumont's case, 9 Co. 138.
Baker v. Willis, Cro. Car. 476.
Owen v. Morgan, 3 Co. 5 a; Preston
Touch. 45. Dixie v. Beaumont, W.
Jon. 393.

A tenant by entireties has not

any

devisable interest

even as against his own heir. (a)

II. TITLES UNDER JOINT TENANTS.

Joint-tenancy may exist in every species of property, as well in personal as in real estate. (b)

Joint tenants are not bound by the charges, such as judgments or annuities, of each other, but each is bound by the alienation of the other of his own share, whether it be of the whole or only a part. (c) Even an execution under an elegit would carve out an interest binding on the survivor. (d) But if one joint tenant merely agrees to alien his share, and dies without performing his agreement, it cannot be enforced against the survivor. (e)

Where three or more persons are joint tenants, and one of them severs the joint tenancy as to his share, the remaining shares will be held in jointtenancy. (ƒ)

The proper assurance between joint tenants is a release from one to the other. One may release to all; several may release to the others. One or more may release to some or one of the others; and if they convey by lease and release or by feoffment, such

lease and release or feoffment will operate as a release. (a)

If a joint tenant convey all, &c. (the premises) or his part and share thereof, the conveyance will operate only on his own share. (b)

The proper assurance from a joint tenant, or joint tenants, to a stranger, is a feoffment, fine, common recovery, lease and release, bargain and sale, or lease, as if he or they had been solely seised. (c)

If a joint tenant make a charge on the lands, and then, by the death of his co-tenant, become the survivor, such charge will bind him and his heir to the extent of the share which he had at the time of the charge, and judgments, statutes, recognizances, crown debts, and the like, may attach on the whole lands as increased by survivorship. (d) Although the charge of a joint tenant will not bind the survivor as such, yet if one of two joint tenants accept a release from the other, he will hold in point of estate under the grantor, and the releasee will be bound by the judgments and the like charges of the releasor. (e)

A joint tenant has not any devisable estate; and even if a joint tenant make his will while such, and afterwards become solely seised by survivorship or by release, his will, unless republished after he becomes solely seised, will be inoperative. (f) But a joint tenant of copyholds may devise his share if he pre

(a) Bro. Ab. Joint Tenant, pl. 2; see Co. Litt. 185 a, 192 a, 273 b. Chester v. Willan, 2 Saund 96 a. Cro. Jac. 696.

(b) Co. Litt. 186 a; Cro. Jac. 53; 1 Vent. 136.

(c) 2 Prest. Abs. 65.

(d) Litt. s. 289. Grute v. Locroft, Cro. Eliz. 187; Cro. Jac. 52.

(e) Lord Aberga'ny's case, 6 Co. 78b.

(f) Co. Litt. 185 b. Swift d. Neale v. Roberts, 3 Burr. 1488.

viously surrender it to the use of his will; but in this case the disposition takes effect under the surrender, which operates as a severance of the joint-tenancy, and not under the will. (a)

III. TITLES UNDER COPARCENERS.

Coparcenery can only exist in real property. Coparceners may convey their shares to each other, either by feoffment, lease and release, or release. (b)

For most purposes, the seisin of one coparcener is the seisin of the others, and the possession of one coparcener is the seisin of the others; and the possession of one is considered as the possession of the other co-heirs, except in cases of actual ouster. (c)

Coparceners are seised per my et per tout; but they have a devisable interest, and each has a power of alienation over his share.

A partition by coparceners will not revoke a will made before the partition; (d) nor alter the descent. (e)

Every partition between coparceners implies warranty. (f) So that when the title depends on a partition between coparceners, the title to all the lands comprised in the partition, as well as of the identical lands to be purchased, should be produced. (g)

If a coparcener, after partition, alien his share to a

(a) Co. Litt. 59 b. ter, Cro. Jac. 100. Cox, 159.

Porter v. Por-
Gale v. Gale, 2

(b) Co. Litt. 163 a, 196 b, 200 b; Gilb. Ten. 73.

(c) Hob. 120; Dy. 128. Reading Fairclaim

v. Royston, 2 Salk. 423.

v. Shakleton, 5 Burr. 2604. Fisher et al. v. Prosser, Cowp. 217. Peaceable v.

Read and others, 1 East,568; and post, p. 154.

(d) Luther v. Kidby, 8 Vin. Ab. 103. Knollys v. Alcock, 7 Ves. 558.

(e) 2 Prest. Abs. 71.

(f) Litt. s. 262. 263; Co. Litt. 173 b, 174 a, 384 a.

(g) 1 Prest. Abs. 304.

stranger in fee, the warranty does not continue in favour of the alienee. (a) But the lands so purchased by the stranger remain still liable to the implied warranty in favour of the other coparcener and his heirs, until they also alien in fee. (b)

If, therefore, all the coparceners have aliened their shares, the privity of estate is at an end, and the liability to entry ceases; but if one coparcener still retains her original share, her title must be inspected, as in case of eviction she can enter upon the shares of all the other coparceners and their respective alienees, although they cannot enter upon her share. In 2 Prest. Abs. (c) the learned author is incorrect in laying down a contrary rule. (d)

If the title to the other allotments can be obtained, therefore, it must be inspected; but it is often very difficult to furnish it, and for this reason the demand is sometimes dispensed with in practice.

II. TITLES UNDER TENANTS IN COMMON.

Tenancy in common may exist either in real or personal property, and for any duration of time. (e) Tenants in common have several freeholds, (f) and may convey or devise the same; and whether they convey to their co-tenants or a stranger, a feoffment, lease and release, or other similar assurance, is necessary: a mere release is not sufficient. (g)

(a) Litt. s. 202; Co. Litt. 174 a, 384 b, 385 a.

(b) Noy's Max. 78. 156, 9th edit. Bustard's case, ubi sup.; Touch. 293.

(c) p. 75.

(d) See the authorities cited above, n. (b.) 1 Prest. Abs. 304; and 6 Park.

& Stew. Cont. Byth. 41, where the question is fully discussed.

(e) Litt. s. 292; Co. Litt. 190 b. (f) Co. Litt. 189 a ; 5 Co. 7. (g) Bro. Ab. Feoffment, pl. 45; Co. Litt. 200 b.