Gates v. Salmon

Citations

• 35 Cal. 576
• 1868 Cal. LEXIS 128

Syllabus

<p>Construction of Statutes.—A statute must be so construed as to give effect, if possible, to every portion of it, and without rejecting any part as surplusage, or treating it as a repetition of a provision already made.</p> <p>Effect of Sale of a Sfecific Part of Lands held by Tenants in Common by Less than all the Owners.—A conveyance by one tenant in common, or any number of them less than the whole, of a specific portion of the common lands is not void, but cannot be made to the prejudice of the tenants not uniting in the conveyance.</p> <p>Idem—Title Acquired by the Purchaser.—The grantee at such sale acquires all the interest of his grantor in such special tract, which interest is a tenancy in the special tract with the co-tenants of his grantor.</p> <p>Idem—Effect of such Sale on Partition.—Such conveyance does not sever the special tract from the general tract of which it is a part so far as the co-tenants of the grantor are concerned, and the whole tract is subject to partition, so far as the co-tenants of the grantor are concerned, as it would be had the conveyance of the special tract not been made.</p> <p>Idem—Proper Parties in Action for Partition. — Section four of the Practice Act, which requires that actions should be brought in the name of the real party in interest, applies to actions for partition; and a proper construction of the provisions of section two hundred and sixty-four, taken in connection with sections two hundred and sixty-eight, two hundred and seventy-eight, and two hundred and ninety-three of the Act, requires that the holder of such special tract, as well as the co-tenants of his grantor, should be made a party to such action.</p> <p>General Scope and Purpose of Actions for Partition under the Statute.— The whole scope and tenor of the provisions of the Act relating to partition of lands show that the intention was to make the one judgment of partition final and conclusive on all persons interested in the property or any part of i