A. dies, which vests the remainder of one moiety in his heir; and then B. dies, whereby the other moiety becomes vested in the heir of B.; now A.'s heir and B.'s heir are not jointtenants of this remainder, but tenants in common; for one moiety vested at one time, and the other moiety vested at another. Yet where a feoffment was made to the use of a man, and such wife as he should afterwards marry, for term of their lives, and he afterwards married; in this case it seems to have been held that the husband and wife had a joint-estate, though vested at different times: because the use of the wife's estate was in abeyance and dormant till the intermarriage; and, being then awakened, had relation back, and took effect from the original time of creation. Lastly, in joint-tenancy there must be a unity of possession. Joint-tenants are said to be seised per my et per tout, by the half or moiety, and by all; that is, they each of them have the entire possession, as well of every parcel as of the whole. They have not, one of them a seisin of one half or moiety, and the other of the other moiety; neither can one. be exclusively seised of one acre, and his companion of another; but each has an undivided moiety of the whole, and not the whole of an undivided moiety.

4 KENT COMM., 361. The common law favored title by joint-tenancy, by reason of this very right of survivorship. Its policy was averse to the division of tenures, because it tended to multiply the feudal services and weaken the efficacy of that connection. But in Hawes v. Hawes, 1 Wils. Rep. 165, Lord Hardwicke observed that the reason of that policy had ceased with the abolition of tenures; and he thought that even the courts of law were no longer inclined to favour them, and, at any rate, they were not favoured in equity, for they were a kind of estates that made no pro• vision for posterity. As an instance of the equity view of the subject, we find that the rule of survivorship is not applied to the case of money loaned by two or more creditors on a joint mortgage. The right of survivorship is also re

jected in all cases of partnerships, for it would operate very unjustly in such cases. In this country the title by jointtenancy is very much reduced in extent, and the incident of survivorship is still more extensively destroyed, except where it is proper and necessary, as in the case of titles held by trustees.

In New York, as early as 1786, estates in joint-tenancy were abolished, except in executors, and other trustees, unless the estate was expressly declared, in the deed or will creating it, to pass in joint-tenancy. The New York Revised Statutes (1 R. S. 727, sec. 44) have re-enacted the provision, and with the further declaration, that every estate, vested in executors or trustees, as such, shall be held in joint-tenancy. The doctrine of survivorship incident to joint-tenancy (excepting, I presume, estates held in trust) is abolished in the States of Connecticut, Pennsylvania, Virginia, Kentucky, Indiana, Missouri, Tennessee, North and South Carolina, and Alabama. In the States of Maine, New Hampshire, Massachusetts, Rhode Island, Vermont, New Jersey, Michigan, Illinois, and Delaware, joint-tenancy is placed under the same restrictions as in New York; and it cannot be created but by express words; and, when lawfully created, it is presumed that the common law incidents belonging to that tenancy follow. The English law of joint-tenancy does not exist at all in Ohio and Louisiana, and it exists in full force in Georgia, Mississippi, and Maryland.

N. Y. REAL PROP. LAW, § 56. Every estate granted or devised to two or more persons in their own right shall be a tenancy in common, unless expressly declared to be in jointtenancy; but every estate vested in executors or trustees as such shall be held by them in joint tenancy. This section shall apply as well to estates already created or vested as to estates hereafter granted or devised.

CHAPTER II.

TENANCY IN COMMON.

LIT., § 292. Tenants in common are they which have lands or tenements in fee-simple, fee-taile or for terme of life, &c., and they have such lands or tenements by severall titles, and not by a joynt title, and none of them know of this his severall, but they ought by the law to occupie these lands or tenements in common, and pro indiviso to take the profits in common. And because they come to such lands or tenements by severall titles and not by one joynt title, and their occupation and possession shall be by law betweene them in common, they are called tenants in common. As if a man infeoff two joyntenants in fee, and the one of them alien that which to him belongeth to another in fee, now the alienee and the other jointenant are tenants in common, because they are in such tenements by severall titles, for the alienee cometh to the moytie by the feoffement of one of the joyntenants, and the other joyntenant hath the other moitie by force of the first feoffement made to him and to his companion, &c. And so they are in by severall titles, that is to say, by severall feoffements, &c.

§ 294. Also, if three joyntenants bee, and one of them alien that which to him belongeth to another man in fee, in this case the alienee is tenant in common with the other two joyntenants; but yet the other two joyntenants are seised of the two parts which remain joyntly, and of these two parts the survivor between them two holdeth place, &c.

§ 298. Also, if lands bee given to two to have and to hold, scil. the one moity to the one and to his heires, and the other moity to the other and to his heires, they are tenants in common.

§ 299. Also, if a man seised of certaine lands infeoff another of the moitie of the same land without any speech of assignement or limitation of the same moity in severaltie at the time of the feoffment, then the feoffee and feoffor shall hold their parts of the land in common.

§ 301. Also, if a man let lands to two men for terme of their lives, and the one grants all his estate of that which belongeth to him to another, then the other tenant for terme of life and he to whom the grant is made are tenants in common during the time that both the lessees be alive.

And memorandum, that in all other such like cases, although it be not here expressly moved or specified, if they be in like reason they are in the like law.

§ 304. And if three joyntenants be, and the one release by his deed to one of his companions all the right which he hath in the land, then hath he to whom the release is made the third part of the lands by force of the said release, and he and his companion shall hold the other two parts in joynture. And as to the third part, which he hath by force of the release, he holdeth that third part with himselfe and his companion in common.

309. Also, if two parceners be, and the one alieneth that to her belongeth to another, then the other parcener and the alienee are tenants in common.

§ 310. Also note, that tenants in common may bee by title of prescription, as if the one and his ancestors or they whose estate he hath in one moitie have holden in common the same moitie with the other tenant which hath the other moity, and with his ancestors, or with those whose state he hath undivided, time out of minde of man. And divers other manners may make and cause men to be tenants in common, which are not here exprest, &c.

§ 318. Also, tenants in common may well make partition between them if they will, but they shall not be compelled to make partition by the law; but if they make partition betweene themselves by their agreement and consent,

such partition is good enough, as is adjudged in the book of assises.

§ 319. Also, as there bee tenants in common of lands and tenements, &c., as aforesaid, in the same manner there be of chattells reals and personals. As if a lease bee made of certaine lands to two men for terme of twenty yeares, and when they be of this possessed, the one of the lessees grant that which to him belongeth to another during the terme, then hee to whom the grant is made and the other shall hold and occupie in common.

§ 320. Also, if two have joyntly the wardship of the body and land of an infant within age, and the one of them grant to another that which to himselfe belongeth of the same ward, then the grantee and the other which did not grant, shall have and hold this in common, &c.

§ 321. In the same manner it is of chattels personals. As if two have joyntly by gift or by buying a horse or an oxe, &c., and the one grant that to him belongs of the same horse or oxe to another, the grantee and the other which did not grant shall have and possesse such chattels personals in common. And in such cases, where divers persons have chattels real or personall in common and by divers titles, if the one of them dieth the others which survive shal not have this as survivor, but the executors of him which dieth shall hold and occupie this with them which survive, as their testator did or ought to have done in his life-time, &c., because that their titles and rights in this were severall, &c.

2 BL. COм., 191-194. Tenants in common are such as hold by several and distinct titles, but by unity of possession; because none knoweth his own severalty, and therefore they all occupy promiscuously. This tenancy therefore happens where there is a unity of possession merely, but perhaps an entire disunion of interest, of title, and of time. For if there be two tenants in common of lands, one may hold his part in fee-simple, the other in tail, or for life; so that there is no necessary unity of interest: one may hold