Richardson v. Miller

Citations

• 48 Miss. 311

Syllabus

<p>1. Estates — joint tenancy. — Joint tenancy Is created by the same instrumentas a deed or will, and involves a unity of title and interest as to its nature, duration and quantity. Each tenant is seized of the whole and of every part, and each may exercise all reasonable acts of ownership. Litt. 288 ; Co. Litt. 186 5 4 Kent Com. 394. If there be three joint tenants, and one convey his interest, the grantee becomes tenant in common with the other two, and they, as to each other, remain joint tenants.</p> <p>2. Estates — coparceners.—Coparceners derive their estate by inheritance. Their interests may be unequal, as that of a daughter and the descendants of a deceased daughter, all taking by the same descent.</p> <p>3. Estates — coparceners and joint tenants — Mississippi statutes. — The 17th and 18th articles of chap. 36 of the Code of 1857, have dispensed with its nice distinctions existing at common law between the several sorts of joint estates, by converting joint tenancy into tenancy in common, unless a manifest intention to the contrary appears in the instrument creating the estate.</p> <p>4. Estates — joint tenants and tenants in common — power to convey. — One joint tenant or tenant in common cannot convey a distinct portion of the estate, by metes and bounds, so as to prejudice his co-tenants or their assigns. As to them such deed is inoperative and void, though, by way of estoppel, it may be good as against the grantor.</p>