Pipes v. Buckner

Citations

• 51 Miss. 848

Syllabus

<p>1. Tenants in Common: Parol partition; when valid; effect thereof.</p> <p>A parol agreement by tenants in common for a partition of lands between them, to own and occupy certain parts of tbe common property in severalty, followed by occupancy in pursuance of the parol agreement, is valid. And such an agreement will sever that tenancy and estop each from claiming title to, or interfering with the possession of the other. This right to sever the tenancy in common is not affected by the fact that the parol partition relates to two separate and distinct tracts of lands, not contiguous to each other.</p> <p>2. Same : Effect of the judicial proceedings on the pwrol agreement.</p> <p>The judicial proceedings were in furtherance of the preceding parol agreement resorted to from necessity. The payment of the assessments and the precedent and subsequent continuous and uninterrupted possession of the lands, as agreed on, constitute a valid partition between the parties, and the failure to execute the deed did not affect the rights of the parties.</p>