 | Thomas Peake - 1804 - 534 Seiten
...tide. But if upon demand by the co-tenant of his moiety the other refuses to pay, and denies his title, saying he claims the whole, and will not pay, and...possession, such possession is adverse, and ouster enough. Then adverting to the circumstances of the particular case, and observing that there was no evidence... | |
 | William Ballantine - 1812 - 272 Seiten
...title. But if, upon demand by the cotenant of his moiety, the other denies to pay, and denies his title, saying he claims the whole, and will not pay, and...possession, such possession is adverse and ouster enough. The question then is, whether the possession in this case, after the death of Stevens, in the year... | |
 | Sir Edward Coke - 1817 - 826 Seiten
...title. But if upon demand by the co-tenant of his moiety, the other denies to pay, and denies his title, saying he claims the whole and will not pay, and continues...case, his lordship never could mean, a disseisin at die election of the party. What is there to distinguish it from an actual disseisin ? — Upon the... | |
 | Sir John Comyns - 1822 - 1042 Seiten
...— 3. If upon demand by the co-tenant of his moiety, the other refuse to pay, and deny his title, saying he claims the whole, and will not pay, and...possession, such possession is adverse and ouster enough. Ibid. 1 1 -East, 49. — 4. And in like manner where there were two joint-tenants of a lease for years,... | |
 | William Woodfall - 1822 - 722 Seiten
...Esp. NP 431. («) Fryett d. Harris v. Jeffreys. I Esp. R-393(f) Doe d. Fisher v.Prosser. Cowp, »r;. not pay, and continues in possession, such possession is adverse and ouster enough (a). In ejectments by tenants in common, an entry by one shall be good for all, for he shall be supposed... | |
 | Sir Edward Coke, Sir Thomas Littleton, F. Hargrave - 1823 - 784 Seiten
...But if upon demand by the co-tenant of his moiety, the other denies to pay, " and denies his title, saying he claims the whole and will not pay, and continues...ouster enough." By the adverse possession mentioned in this-case, his lordship never could mean a disseisin at the election of the party. What is there to... | |
 | Henry Roscoe - 1825 - 838 Seiten
...Mansfield, if upon demand by the co-tenant of his moiety, the other denies to pay and denies his title, saying he claims the whole, and will not pay, and...possession, such possession is adverse and ouster enough (d) ; and in a late case it was held, that if one tenant in possession claims the whole, and denies... | |
 | Sir John Comyns - 1825 - 1026 Seiten
...— 3. If upon demand by the co-tenant of his moiety, the other refuse to pay, and deny his title, saying he claims the whole, and will not pay, and continues in possession, such possession is adverso and ouster enough. Ibid. 1 1 Kast, 49. — 4. And in like manner Avhcre there were two joint-tenants... | |
 | Great Britain. Court of King's Bench, Sir Henry Hobart - 1829 - 682 Seiten
...title. But if, upon demand by the cotenant of his moiety, the other denies to pay, and denies his title, saying he claims the whole and will not pay, and continues...possession ; such possession is adverse, and ouster enough. The doctrine of Coke, contrary to that in the text, on this point, is also adopted in Massachusetts.... | |
 | Sir Edward Coke - 1832 - 786 Seiten
...But if upon demand by the co-tenant of his moiety, the other denies to pay, " and denies his title, saying he claims the whole and will not pay, and continues...is submitted to the learned reader's consideration, 1st, that, as feoffments have not been made from the reign of Henry the 3d. to the present time, with... | |
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... companion, but in support of their " common title; and by paying him his share, he acknowledges him co-tenant: " nor indeed is a refusal to pay of itself sufficient, without denying his title. " But if upon demand by the co-tenant of his moiety, the... 
