J o I 



arc taken to be the a£ls of all, becaiife they all reprefent 

 the perfon of the teRator ; thus, where two joint-execiitors 

 are pofleffed of a leafe for years, in right of their teftator, 

 one of them may fell the term without the other's joininjj ; 

 and in like manner, where one joint-executor gives a releafc, 

 the others are bound by it, each having an authority over 

 the whole cftatc ; but a joint-executor is not charged with 

 the ails of his companion, any farther than he is aftually 

 poficfled of the goods of the teilator : however, if joint- 

 csecutors enter into an agreement, that each fhall inter- 

 meddle with particular parts of the tcftator's eftatc, in that 

 cafe each becomes chargeable for the whole by agreement. 

 It has been held, that two joint-executors cannot urge fe- 

 parate pleas, bccaufe their teftator, if living, on an adtion 

 brought againft him, could have been allowed but one plea ;, 

 and that, if all the executors are not named in any adlion 

 brought by joint-executors, the aftion will abate. As to 

 legatees, the receipt of one executor charges not the other. 

 See Executor. 



Joi'ST-liz'.'s, denote lives that continue during the fame 

 time, or that exift together. See L.wv.-annuiti-s. 



Jor^r-niL: See Carptnlcrs^ joint Rule. 



.] O i NT-TEN' A NCY, in Lciv, fee the next article. 



JOINTENANTS, or Joint-texasts, m La-w, thofe 

 who co.ne to, and hold, lands and tenements by one title 

 pro mdi'vifo, or without partition 



Thefc are ditlinguifhed from fole, or feveral-tenants, from 

 parcen:rs and from tenants in commrjti. Anciently they were 

 called /i7r//<:;)>f'/, and not hxrccks. See Severalty. 



An eftate in joint-tenancy is where lands or tenements are 

 granted to two or more perfons to hold in fee-fimple, fee- 

 tail, for life, for years; or at will. This is fometimes 

 called an eftate in "jointure," which word, as well as the 

 other, fignilies an luiion or conjunSion of intereft. The 

 " creation" of an cllate of tliis kind depends upon the 

 wording of the deed or dcvife by which the tenants claim 

 title ; for this ellate can only arife by parcliafe or grant, that 

 is, by tiie sft of the parties, and never by the mere acl of 

 the law. Now, if an eftate be given to a plurality of per- 

 fons, without adding any reilriftive, excluilve, or explana- 

 lor)' words, as if an eftate be granted to A and B and their 

 heirs, this makes them immediately joint-tenants in fee of the 

 lands. For the l.iw interprets the grant fo as to make aU 

 parts of it take efFeft, which can only be done by creating 

 an eftate in them both. As, therefore, the grantor has thus 

 united their names, the law gives them a thorough union in 

 all other refpefts. The "properties" of a joint eftate are 

 derived from its unity ; and this unity is fourfold ; wa. the 

 unity of intereft, the unity of title, the unity of time, and 

 the unity of pofteffion ; or in other words, joint-tenants have 

 one and the fame intereft, accruing by one and the fame 

 conveyance, com nencing at one and the fame time, and 

 held by one and the fame undivided poflefiion. With regard 

 to unity of intercjl, it may be obferved, that one joint-te- 

 nant cannot be entitled to one period of duration, or quan- 

 tity of intereft in lands, and tlie other to a different ; one 

 cannot be tenant for life, and the other for years ; one can- 

 not be tenant in foe, and the other in tail. (Co. I.itt. lS8.) 

 But if land be hmited to A and B for their lives, this 

 makes them joint-tenants of the freehold ; if to A and B 

 and their heirs, it makes them joint -tenants of the inheritance. 

 (Litt. J 277.) If land be gianted to A and B for their 

 lives, and to the hciis of A ; here A and B are joint-te- 

 nants of the freehold during their rcfpeftive lives, and A 

 has tiie remainder of the fee in feveralty ; or, if land be 

 given to A and B, and the heirs of the body of A ; here 

 both have a joint eftate for Lfc, and A hath a feveral re- 



JO I 



mainder in tail. (Litt. § 285.) Joint-tenants muft alto 

 have an unity of title ; their eftate muft be created by one and 

 the fame aft, whether legal or illegal ; as by one and the 

 fame grant, or by one and the fame difteiJin. (Litt. § 27S.) 

 Joint-tenancy cannot arife by defcent or aft of law ; but 

 mcrclv by purchafe, or acquilition by the aft of the party ; 

 and, iinlefs that aft be one and the fr.mc, tlse two tenants 

 would have different titles ; and if they h:ul dif^rent titles, 

 one mitrht prove good, and the other bad, which would ab- 

 folutely dellroy the jointure. There muft alfo be an unity 

 of tint; ; their eftates muft be vefted at one and the fame 

 period, as well as by one and the fame title. As in cafe of 

 a prefent eftate made to A and B ; or a remainder in fee 

 to A and B after a particular eftate ; in either cafe A and B 

 are joint-tenants of this prefent eftate, or this vefted re- 

 mainder. But if, after a leafe for life, the remainder be 

 limited to the heirs of A and B ; and during the continuance 

 of the particular e.'.ate A dies, which vefts trie remainder of 

 one moiety in his heir ; and then B diep, whereby the other 

 moiety becomes vefted in the heir of B ; now A's heir and 

 B's heir are not joint-tenants of this remainder, but tenants 

 in common ; for one moiety vc'led at one time, and 

 the other moiety vefted at anotlier. (Co. Litt. 188.) 

 Moreover, in joint-tenancy there muft be an wMty oi pof- 

 ffjfion. Joint.ten:ints are faid to be feifcd '• per my et per 

 tout," by the halt or moiety, and by all ; that is, they each 

 of them have the entire poflefiion, as well of every pared 

 as of the •v.-ho'.e. (Litt } 288. 5 Rep. 10.) And there- 

 fore, if an eftate in fee be given to a man and his wile, they 

 are neitlier properly joint-tenants, nor tenants in common : for 

 huft)3nd and wife being coniidered as one perfon in law, they 

 cannot take the eftate by moieties, but both are fcifed of 

 the entirety, " per tout et non per my ;" the conlequence 

 of which is, that neither the hulband nor the wife can dif- 

 pofe of any part without the aftent of the other, but the 

 whole muil remain to the fiirvivor. (Litt. § 66^. Co. 

 Litt. 187. 2 Vern. 120. 2 Lev. 39.) From thefe princi- 

 ples we may deduce other incidents pertaining to the joint- 

 tenant's eftatc. If two joint-tenants let a verbal leafe of 

 their land, refervingrent to be paid to one of th^-m, it ftiall 

 enure to both, in refpeft of the joint-reverlion. ^Co. Litt. 

 214 ) If their leflcc furrenders his leafe to one of them, it 

 fht'.ll alfo enure to both, becaufe of the privity or relation 

 of their eftate. (Co. Litt. 192.) For the fame reafon, 

 livery of feifm, made to one joint-tenant, (hall enure to both 

 of them vCo. Litt. 49 ) ; and the entry, or re-entry, of one 

 joint-tenant, is as eft"eftual in law as if it were the aft of 

 both. (Co. Litt. 319. 364.) In all aftions, alfo, relating to 

 their joint-eftate, one joint-tenant cannot fue or be fucd with- 

 out joining the other. (Co. Litt. 19J ) But if two or 

 more joint-tcrants be feifed of an advowlon, and they prefent 

 different clerks, the biftiop may refufe to admit either : be- 

 caufe neither joint-tenant hath a feveral right of patronage, 

 but each is feifed of the whole ; and if they do not both 

 agree within fix months, the right of prefentation ftiall lapfe. 

 But the ordinary may, if he pleafcs, admit a clerk prefeiited 

 by cither, that divine fervice may be regularly performed ; 

 and if the clerk of one joint-tenant be fo adn.itted, this ftiall 

 keep up the title in both of them. (Co. Litt. JS5.) It is 

 held alfo, that one joint-tenant cannot have an aftaon againil 

 another for trcfpafs, in refpeft of his land (3 Leon. 262.) ; 

 for each has an equal right to enter on any part of it. But 

 one joint-tenant is not capable by himfelf of doing any aft 

 which may tend to defeat or injure the eftate of the other, 

 as to let k-jfes, or grant copy-holds (1 Leon. 234.) ; and if 

 any wafte be done, which tends to the dellruftion cf the in- 

 heritance, one joint-tenant may have an aftion of wafte 

 J agaljift 



