Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/206

 194 way, when a tenancy in common is meant to be created, to add expres words of excluion as well as decription, and limit the etate to A and B, to hold as tenants in common, and not as joint-tenants.

to the incidents attending a tenancy in common: tenants in common (like joint-tenants) are compellable by the tatutes of Henry VIII and William III, before-mentioned, to make partition of their lands; which they were not at common law. They properly take by ditinct moieties, and have no entirety of interet; and therefore there is no urvivorhip between tenants in common. Their other incidents are uch as merely arie from the unity of poeion; and are therefore the ame as appertain to joint-tenants merely upon that account: uch as being liable to reciprocal actions of wate, and of account, by the tatutes of Wetm. 2. c. 22. and 4 Ann. c. 16. For by the common law no tenant in common was liable to account to his companion for embezzling the profits of the etate ; though, if one actually turns the other out of poeion, an action of ejectment will lie againt him. But, as for other incidents of joint-tenants, which arie from the privity of title, or the union and entirety of interet, (uch as joining or being joined in actions, unles in the cae where ome intire or indiviible thing is to be recovered ) thee are not applicable to tenants in common, whoe interets are ditinct, and whoe titles are not joint but everal.

in common can only be diolved two ways: 1. By uniting all the titles and interets in one tenant, by purchae or otherwie; which brings the whole to one everalty: 2. By making partition between the everal tenants in common, which gives them all repective everalties. For indeed tenancies in common differ in nothing from ole etates, but merely in the blending and unity of poeion. And this finihes our enquiries with repect to the nature of etates.