Laughlin v. O'Reiley

Citations

• 92 Miss. 121
• 45 So. 193

Syllabus

<p>1. Partition. Parties who may sue. Executors.</p> <p>Executors have primarily nothing to do with real estate and cannot sue to partition it.</p> <p>2. Same. Tenancy in common. XJnity 0† possession.</p> <p>Unity of possession is all that is needed to constitute tenancy in common, regardless of the time of its commencement, quantum of interest, or source of title.</p> <p>'3. Same. Will. Renunciation Toy xoidow. Code 1892, § 4499.</p> <p>Where a testator devised land to his executors to be sold for the payment of special legacies, and made them residuary legatees and devisees, and the testator’s widow renounced the will, under Code 1906, § 4499, authorizing such proceeding, and took an undivided o,ne-half interest in the land by inheritance, she and the executors became tenants in common and entitled to sue for partition of the land.</p>