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" So in the case of tenants in common : the possession of one tenant in common, eo nomine, as tenant in common, can never bar his companion ; because such possession is not adverse to the right of his companion, but in support of their common title... "
A Compendium of the Law of Evidence - Page 310
by Thomas Peake - 1804 - 428 pages
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A Treatise on the Statute of Limitations: (21 Jac. I. C. 16.)

William Ballantine - Entail - 1812 - 272 pages
...of tenants in common; the possession of one tenant in common, eo nomine, as tenant in cotn.mon, can never bar his companion; because such possession is...title; and by paying him his share, he acknowledges him cotenant. Nor indeed is a refusal to pay of itself sufficient, without denying his title. But if, upon...
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The First Part of the Institutes of the Laws of England, Or, A ..., Volume 2

Sir Edward Coke - Land tenure - 1817 - 826 pages
...of tenants in common : the possession of one tenant in common, eo nomine, as tenant in common, can never bar his companion ; because such possession...; and by paying him his share, he acknowledges him co-tenant: nor indeed is a refusal to pay of itself sufficient, without denying his title. But if upon...
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - Actions and defenses - 1817 - 684 pages
...possession of one tenant in common, со nomine as tenant in common, can never bar his companiun, bt'callse such possession is not adverse to the right of his companion, but in support of their common titlf, and by paying him his share he acknowledges him as his co-tenant : nor indeed isa refusal to...
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The History, Principles and Practice, (ancient and Modern,) of the Legal ...

Charles Runnington - Ejectment - 1820 - 620 pages
...tenants in common. tnon. The possession of one tenant in common, eo nomine, as tenant in common, can never bar his companion ; because such possession...; and by paying him his share, he acknowledges him co-tenant. Nor indeed is a refusal to pay, of, itself, sufficient, without denying his title. But if,...
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Reports of Cases Argued and Determined in the High Court of ..., Volume 2

Great Britain. Court of Chancery, Edward Jacob, John Walker - Equity - 1823 - 622 pages
...his companion, but in support of their common title, and by paying him his share, he acknowledges him co-tenant. Nor indeed is a refusal to pay of itself sufficient, without denying his tide." In such a case, some time must elapse before the presumption of actual ouster would take place, and...
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A Digest of the Laws of England Respecting Real Property, Volume 2

William Cruise - Real property - 1824 - 512 pages
...common, eo nomine, as tenant in common, can never bar his companion, because such possession is net adverse to the right of his companion , but in support...; and by paying him his share, he acknowledges him to be co-tenant. Nor, indeed, is a refusal to pay of itself sufficient, without denying his title :...
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Reports of Cases Argued and Determined in the High ..., Volume 6; Volume 25

Great Britain. Court of Chancery - Equity - 1827 - 926 pages
...tenants in com" mon ; the possession of one tenant in common, eo nomine, " as tenant in common, can never bar his companion ; because " such possession...and by paying him " his share he acknowledges him co-tenant. Nor indeed " is a refusal to pay of itself sufficient without denying his " title." Apply...
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A Digest of the Laws of England Respecting Real Property, Volumes 1-2

William Cruise - Real property - 1827 - 788 pages
...in common is The the possession and seisin of the other, because such possession is !Lnt0ff^e '* not adverse to the right of his companion, but in support of their other, common title. Lord Coke says, although one tenant in common i1"'^,'99 * take the whole profits,...
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A Treatise on the Statute of Limitations: (21 Jac. I. C. 16.)

William Ballantine - Entail - 1829 - 652 pages
...of tenants in common ; the possession of one tenant in common, co nomine, as tenant in common, can never bar his companion ; because such possession...his companion, but in support of their common title, [1] and by paying him his share, he acknowledges hitn cotenant. Nor indeed is a refusal to pay of itself...
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The Reports of that Reverend and Learned Judge, Sir Henry Hobart, Knight and ...

Great Britain. Court of King's Bench, Sir Henry Hobart - Law reports, digests, etc - 1829 - 672 pages
...Prosser, Lord Mansfield says the possession of one tenant in common, eo nomine, as tenant in common, can never bar his companion, because such possession is not adverse to the right of his companion ; and by paying him his share he acknowledges him cotenant. Nor indeed is a rifusal to pay of itsdf...
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