Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/204

 192 o that there is no neceary unity of interet: one may hold by decent, the other by purchae; or the one by purchae from A, the other by purchae from B; o that there is no unity of title: one's etate may have been veted fifty years, the other's but yeterday; o there is no unity of time. The only unity there is, is that of poeion; and for this Littleton gives the true reaon, becaue no man can certainly tell which part is his own: otherwie even this would oon be detroyed.

in common may be created, either by the detruction of the two other etates, in joint-tenancy and coparcenary, or by pecial limitation in a deed. By the detruction of the two other etates, I mean uch detruction as does not fever the unity of poeion, but only the unity of title or interet. As, if one of two joint-tenants in fee alienes his etate for the life of the alienee, the alienee and the other joint-tenant are tenants in common: for they now have everal titles, the other joint-tenant by the original grant, the alienee by the new alienation ; and they alo have everal interets, the former joint-tenant in fee-imple, the alienee for his own life only. So, if one joint-tenant give his part to A in tail, and the other gives his to B in tail, the donees are tenants in common, as holding by different titles and conveyances. If one of two parceners alienes, the alienee and the remaining parcener are tenants in common ; becaue they hold by different titles, the parcener by decent, the alienee by purchae. So likewie, if there be a grant to two men, or two women, and the heirs of their bodies, here the grantees hall be joint-tenants of the life-etate, but they hall have everal inheritances; becaue they cannot poibly have one heir of their two bodies, as might have been the cae had the limitation been to a man and woman, and the heirs of their bodies begotten : and in this, and the like caes, their iues hall be tenants in common; becaue they mut claim by different titles, one as heir of A, and the other as heir of B; and thoe too not titles by Rh