Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/200

 188 properties of parceners are in ome repects like thoe of joint-tenants; they having the ame unities of interet, title, and poeion. They may ue and be ued jointly for matters relating to their own lands : and the entry of one of them hall in ome caes enure as the entry of them all. They cannot have an action of trepas againt each other: but herein they differ from joint-tenants, that they are alo excluded from maintaining an action of wate ; for coparceners could at all times put a top to any wate by a writ of partition, but till the tatute of Henry the eighth joint-tenants had no uch power. Parceners alo differ materially from joint-tenants in four other points: 1. They always claim by decent, whereas joint-tenants always claim by purchae. Therefore if two iters purchae lands, to hold to them and their heirs, they are not parceners, but joint-tenants : and hence it likewie follows, that no lands can be held in coparcenary, but etates of inheritance, which are of a decendible nature; whereas not only etates in fee and in tail, but for life or years, may be held in joint-tenancy. 2. There is no unity of time neceary to an etate in coparcenary. For if a man hath two daughters, to whom his etate decends in coparcenary, and one dies before the other; the urviving daughter and the heir of the other, or, when both are dead, their two heirs, are till parceners ; the etates veting in each of them at different times, though it be the ame quantity of interet, and held by the ame title. 3. Parceners, though they have a unity, have not an entirety, of interet. They are properly intitled each to the whole of a ditinct moiety ; and of coure there is no jus accrecendi, or urvivorhip between them: for each part decends everally to their repective heirs, though the unity of poeion continues. And as long as the lands continue in a coure of decent, and united in poeion, o long are the tenants thereof, whether male or female, called parceners. But if the poeion be once evered Rh