Shepard v. Rinks

Citations

• 78 Ill. 188

Syllabus

<p>1. Parol partition—whether binding on the pa/rties. A parol partition of land between tenants in common, carried into effect by possession taken by each party of his respective share according to the partition, will be valid and binding on the parties.</p> <p>3. Same—what constitutes such a pa/rtition. One of two tenants in common of land sold and conveyed by warranty deed one-half the premises, as an entirety, to a stranger. Subsequently, the same party, as the attorney in fact of his co-tenant, contracted to sell the remaining half, and that sale was consummated by the principal executing a deed to the purchaser for such remaining half, the party making the sale being present at the execution of the deed and signing his name as a witness thereto. This disposition of the land seems to have been acquiesced in by the respective co-tenants for nearly thirty-eight years, when he who first conveyed brought ejectment against a remote grantee of his co-tenant to recover an undivided half óf the half of the land which the latter had so conveyed: Held, that, upon the facts, there was at least a parol partition of the land between the tenants in common, each taking the portion so disposed of by him, so that the defendant in ejectment was not guilty of unlawfully withholding the possession from the plaintiff.</p>