Worthington v. Staunton

Citations

• 16 W. Va. 208
• 1880 W. Va. LEXIS 25

Syllabus

<p>1. A decree between co-defendants can be based only upou the pleadings and proofs between the complainants and defendants.</p> <p>2. Where a case is made out between co-defendants by evidence arising from pleadings between the complainants and defendants, a court of equity should render a decree between the co-defendants; but where there are no such pleadings, a court of equity cannot render a decree between the co-defendants.</p> <p>3.Where an appealJias been allowed from a whole decree, the whole of such decree may be reviewed by the Appellate Court, and any error therein, to the prejudice of any of the parties to the suit complaining thereof, whether axipellants or appellees, may be corrected.</p> <p>4. A co-tenant may convey at his pleasure his undivided interest in all the lands held in common without the knowledge or consent of his companions in interest; and the effect of the deed is to make the grantee a tenant in common in the land with all the rights and obligations with reference thereto of his grantoi;.</p> <p>5. A deed from a co-tenant of a¡part of the land held in common, describing it by metes and bounds, cannot in any way operate to the prejudice of the other tenants in common. They have the right to have the land partitioned unaffected by such deed.</p> <p>(1. But in a partition in such a case a court of equity will allot the portion so conveyed to the purchaser thereof, if it can be done without prejudice to the rights of the other co-tenants.</p> <p>7. Such a deed will become oxJerative and pass the land to the grantee by metes and bounds, if the other tenants in common, before partition, confirm and ratify it, and after partition, if that portion is allotted to the purchaser thereof; and in either case -such deed will be binding on both the grantor and grantee.</p> <p>8. If a tenant in common convey with covenant of general warranty a part of the common subject by metes and bounds, and upon parti- . tion afterwards made a material part of the