 | Thomas Peake - Evidence (Law) - 1804 - 534 pages
...the possession of one tenant in Prosser, common eo nomjne as tenant in common, can V . o".\ p. 2 1 7* never bar his companion; because. such possession...title, and by paying him his share, he acknowledges him his co-tenant. Nor, indeed, is a refusal to pay of itself sufficient without denying his tide. But... | |
 | Charles Viner - Law - 1805 - 598 pages
...months after the act committed. oe- (B) Prevented as to real Adions. By what Ads. I. "THE poflefEon of one tenant in common, eo nomine, as tenant in common, can never bar his companion ; becaufe fuch pofleflion is not adverfe to the right of hi? companion, but in fupport of their common... | |
 | William Ballantine - Entail - 1812 - 272 pages
...remainder-manor reversioner; because it was adverse to his tide. So in the case of tenants in common; the possession of one tenant in common, eo nomine, as tenant in cotn.mon, can never bar his companion; because such possession is not adverse to the right of his companion,... | |
 | Francis Buller - Actions and defenses - 1817 - 684 pages
...possession of one tenant in common, со nomine as tenant in common, can never bar his companiun, bt'callse such possession is not adverse to the right of his companion, but in support of their common titlf, and by paying him his share he acknowledges him as his co-tenant : nor indeed isa refusal to... | |
 | Thomas Peake - Evidence - 1822 - 668 pages
...Plaintiff-. 1 Vide Doe dem. George r. Jesson, 6 East, So. ' Doe dem. Durour v. Jones, 4 T. Rep. 300. of their common title, and by paying him his share, he acknowledges him his co-tenant. Nor, indeed, is a refusal to pay of itself sufficient without denying his title. But... | |
 | Great Britain. Court of Chancery, Edward Jacob, John Walker - Equity - 1823 - 622 pages
...which, as Lord Mansfield observed, in Doe v. Prosser (a), " the possession of one tenant in common, m nomine, as tenant in common can never bar his companion;...refusal to pay of itself sufficient, without denying his tide." In such a case, some time must elapse before the presumption of actual ouster would take place,... | |
 | Sir Edward Coke, Sir Thomas Littleton, F. Hargrave - Land tenure - 1823 - 784 pages
...in common, eo no" mine, as tenant in common, can never bar his companion; because such pos" session is not adverse to the right of his companion, but...paying him his share, he acknowledges him co-tenant : " nov indeed is a refusal to pay of itself sufficient, tuithout denying his title. " But if upon... | |
 | New York (State). Court of Chancery, William Johnson - Equity - 1824 - 748 pages
...v. tains nothing more on that point, than the doctrine at BLooPGooD. ^ ^^ v pfOMfri Cowp. 217.) that the possession of one tenant in common, eo nomine,...companion, because such possession is not adverse, but in support of the common title ; and in that case, the Master of the Rolls observed, that be "... | |
 | William Cruise - Real property - 1824 - 512 pages
...remainderman or reversioner, because it was adverse to his title. So, in the case of tenants in common, the possession of one tenant in common, eo nomine,...never bar his companion, because such possession is net adverse to the right of his companion , but in support of their common title ; and by paying him... | |
 | Thomas Peake - Evidence (Law) - 1824 - 838 pages
...accordingly, the Court held that the Statute barred the action. (3) In that case Lord MANSFIELD said, the possession of one tenant in common, eo nomine, as tenant in «umher ?•. common, can never bar his companion ; because such possession ^'»if'iir is not adverse... | |
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The possession of one tenant in common, eo nomine, as tenant in common, can never bar his companion ; because such possession is not adverse to the right of his companion, but in support of their common title ; and by paying him his share, he acknowledges... 
