Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/201

 Ch. 12. by partition, they are no longer parceners, but tenants in everalty; or if one parcener alienes her hare, though no partition be made, then are the lands no longer held in coparcenary, but in common. are o called, aith Littleton, becaue they may be contrained to make partition. And he mentions many methods of making it ; four of which are by conent, and one by compulion. The firt is, where they agree to divide the lands into equal parts in everalty, and that each hall have uch a determinate part. The econd is, when they agree to chue ome friend to make partition for them, and then the lifters hall chue each of them her part according to eniority of age; or otherwie, as hall be agreed. But this privilege of eniority is then peronal; for if the eldet iter be dead, her iue hall not chue firt, but the next iter. But, if an advowon decend in coparcenary, and the iters cannot agree in the preentation, the eldet and her iue, nay her huband, or her aigns, hall preent alone, before the younger. And the reaon given is that the former privilege, of priority in choice upon a diviion, aries from an act of her own, the agreement to make partition; and therefore is merely peronal: the latter, of preenting to the living, aries from the act of the law, and is annexed not only to her peron, but to her etate alo. A third method of partition is, where the eldet divides, and then he hall chue lat; for the rule of law is, cujus et diviio, alterius et electio. The fourth method is where the iters agree to cat lots for their hares. And thee are the methods by conent. That by compulion is, where one or more ue out a writ of partition againt the others, whereupon the heriff hall go to the lands, and make partition thereof by the verdict of a jury there impanneled, and aign to each of the parceners her part in everalty. But there are ome things which Rh