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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... "
The History, Principles and Practice, (ancient and Modern,) of the Legal ... - Seite 222
von Charles Runnington - 1820 - 596 Seiten
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A Compendium of the Law of Evidence

Thomas Peake - 1804 - 534 Seiten
...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...
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A General Abridgement of Law and Equity: Alphabetically Digested ..., Band 11

Charles Viner - 1805 - 598 Seiten
...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...
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A Treatise on the Statute of Limitations: (21 Jac. I. C. 16.)

William Ballantine - 1812 - 272 Seiten
...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,...
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - 1817 - 684 Seiten
...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...
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A Compendium of the Law of Evidence

Thomas Peake - 1822 - 668 Seiten
...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...
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Reports of Cases Argued and Determined in the High Court of Chancery ..., Band 2

Great Britain. Court of Chancery, Edward Jacob, John Walker - 1823 - 622 Seiten
...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,...
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The First Part of the Institutes of the Laws of England ...

Sir Edward Coke, Sir Thomas Littleton, F. Hargrave - 1823 - 784 Seiten
...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...
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Reports of Cases Adjudged in the Court of Chancery of New-York ..., Band 7

New York (State). Court of Chancery, William Johnson - 1824 - 748 Seiten
...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 "...
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A Digest of the Laws of England Respecting Real Property, Band 2

William Cruise - 1824 - 512 Seiten
...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...
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A Compendium of the Law of Evidence

Thomas Peake - 1824 - 838 Seiten
...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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