£3S • - f J O I N T -1 
lay for one joint-tenant againft another,- unlefs he had 
conftituted him his bailiff or receiver, i In ft. 200 ; yet 
now, by the ftat. 4 Ann , c. 16, joint-tenants may have ac¬ 
tions of account againft each other, for receiving more 
than their due ftiare of profits of the tenements held in 
joint-tenancy. This afiion is however feldom brought; 
but the practice is, to apply to a court of equity to com¬ 
pel an account. 2 Comm. c. 12. 
From the fame principle alfoarifes the remaining grand 
incident of joint-eftates, viz. the doctrine of furvivorfhip ; 
by which, when two or more perfons are feifed of a joint- 
eftate of inheritance, for their own lives, or pour autre vie, 
or are jointly poffelfed of any chattel-intereft, the intire 
■ tenancy, upon the deceafe of any of them, remains to the 
furvivors, and at length to the laft furvivor; and he ftrall 
be entitled to the whole eftate, whatever it be, whether 
an inheritance, or a common freehold only, or even a lefs 
eftate. Lit. § 280,1. This is the natural and regular con- 
fequence of the union and entierty of their intereft. The 
interelt of two joint-tenants is not only equal or fimilar, 
but alfo is one and the fame. One has not originally a 
diltinft moiety from the other; but, if by any lubl'equent 
act (as by alienation or forfeiture of either) the intereft 
becomes feparate and diftinft, the joint-tenancy inftantly 
ceafes. But, while it continues, each of the two joint- 
tenants has a concurrent intereft in the whole; and there¬ 
fore, on the death of his companion, the foie intereft in 
the whole remains to the furvivor. For the intereft which 
the furvivor originally had, is clearly not divefted by the 
death of his companion; and no other perfon can now 
claim to have ayoi^-eftate with him, for no one can now 
have an intereft in the whole, accruing by the fame title, 
and taking effect at the fame time with his own : neither 
can any one claim a feparate interelt in any part of the 
tenements; for that would be to deprive the furvivor of 
the right which he has in all, and every part. As there¬ 
fore the furvivor’s original intereft; in the whole ftill re¬ 
mains; and as no one can now be admitted, either jointly 
or feverally, to any ftiare with him therein ; it follows, 
that his own intereft muft now be entire and feveral, and 
that he fhall alone be entitled to the whole eftate (what¬ 
ever it be) that was created by the original grant. 2 Comm, 
c. 12. 
This right of furvivorfhip is called by our ancient au¬ 
thors the jus accrefcendi, becaufe the right, upon the death 
of one joint-tenant, accumulates and increafes to the fur¬ 
vivors. Brae. 1 . 4. tr. 3. c. 9. § 3. Fleta, /. 3. f. 4. And this 
jus accrefcendi ought to be mutual; which feems to be one 
reafon why neither the king, nor any corporation, can be 
a joint-tenant with a private perfon. For here is no mu¬ 
tuality ; the private perfon has not even the remoteft 
chance of being feifed of the entierty by benefit of fur- 
vivor/hip; for the king and corporation can never die. 
2 Comm.c. 12. But lord Coke, exprefsly fays, “there may 
be joint-tenants though there be not an equal benefit of 
furvivorfhip : as, if a man let lands to A and B during 
the life of A : if B die, A fhall have all by furvivorfhip ; 
but, if A die, B fhall have nothing.” 1 Inft. 181. The 
mutuality of furvivorfhip does not therefore appear to be. 
the reafon, why a corporation cannot be a joint-tenant 
with a private perfon; for two corporations cannot be 
-joint-tenants, together : but, whenever a joint-eftate is 
granted to them, they take as tenants in common. Co. Lit. 
190. The above is Mr. Chriftian’s-obfervation on the 
preceding paffage in the Commentaries. It may, how¬ 
ever, ^be remarked, that Blackftone merely ftates this as 
die reafon, againft the king or a corporation being a joint- 
tenant with a private perfon. In the paffage cited from 
1 Inft. 181, the affertion that joint-tenancy may be with¬ 
out equal benefit of furvivorfhip, and the cafe put by lord 
Coke, do not extend to inftances where no benefit of fur¬ 
vivorfhip can poffibly arife to either party ; as muft be 
the cafe between two corporations. 
An eftate in joint-tenancy may be fevered and deftroyed, 
by destroying any of its conitituent unities. Iftvvojoint- 
1 E N A N T. 
tenants agree to part their lands, and hold them in feve-> 
ralty, they are no longer joint-tenants ; for they have 
now no joint intereft in the whole, hut only a feveral in¬ 
tereft ■ refpeCtively in the feveral parts. And for that- 
reafon alfo, the right of furvivorfhip is by fuch feparation. 
deftroyed. Co. Lit. 188, 193. By common law, all the 
joint-tenants might agree to make partition of. the lands,. 
but one of them could not compel the other fo to do; 
Lit. § 290; for, this being an eftate originally created by 
the acl an agreement of the parties, the law would not 
permit any one or more of them to deftroy the united 
poffeffion without a fimilar univerfal confent. But now, 
by the ftats. 31 Hen. VIII. c. 1, 32 Hen. VIII. c. 32, joint- 
tenants, either of inheritances or other lefs eftates, are. 
compellable by writ of partition to divide their lands. 
And the ftat. 8 & 9 Wm. III. c. 11, made perpetual by 
3 & 4 Ann. c. 18, direfts the manner of proceeding upon 
fuch writs. 
In this cafe of partition of eftates, as alfo in fettling ac¬ 
counts between the parties,- refort is molt frequently had 
to a court of equity; for, though accounts may be taken 
before auditors in an action of account in the courts of 
common law, yet a court of equity, by its modes of pro¬ 
ceeding, is enabled to inveftigate, more effeftually, long 
and intricate accounts in an adverfe way, and to compel 
payment of the balance. In the cafe of partition, if the' 
titles of the parties are in any degree complicated, it is 
extremely difficult to proceed in the courts of common 
law ; and, where the tenants in poffeffion are feifed of par¬ 
ticular eftates only, the perfons entitled in remainder’ 
cannot ba bound by the judgment in a writ of partition, 
the courts of equity, having thus affumed the jurifdiclion 
in complicated cafes, feem by degrees to have been con- 
fidered as having on thefe fubjedls a concurring jurif- 
diftion with the courts of common law, in cafes where 
no difficulty could have attended the proceeding in thofe 
courts. Miff. 109. 
The joint-tenancy may be fevered by deftroying the 
unity of title. As, if one joint-tenant aliens and conveys 
his eftate to a third perfon, here the joint-tenancy is fe¬ 
vered, and turned into a tenancy in common ; for the 
grantee and remaining, joint-tenant hold by different ti¬ 
tles; (one derived from the original, the other from the 
fubfequent grantor;) though till partition made the unity 
of pofleftion continues. Lit. § 292, 319, 321. But a devife 
of one’s ftiare by will is no feverance of the jointure: 
for no teftament takes efteift till after the death of the 
teftator; and by fuch death the right of the furvivor, 
which accrued at the original creation of the eftate, and 
has therefore ,a priority of the other, is already veiled. 
1 Inf. 185. Lit. § 287. and fee 3 Burr. 1488. and the ar¬ 
ticle Will. 
It may be alfo deftroyed by deftroying the unity of in- 
tercjl. If therefore there be two joint-tenants for life, and 
the inheritance is purchafed by, or defeends upon, either, 
it is a feverance of the jointure, Cro. Eliz. 470. Though, 
if an eftate is originally limited to two for life, attd after 
to the heirs of one-of t;bero, the freehold fnall remain in 
jointure, without merging in the inheritance : becaufe, 
being created by one and the fame conveyance, they are 
not feparate eftates, (which is requifite in order to a 
merger ,) but branches of one entire eftate. 2 Rep. Go. 
1 Lift. 182. If a joint-tenant in fee makes a leafe for life 
of his (hare, this defeats the jointure, for it deftroys the 
unity both of title and intereft. Lit. § 302, 3. And 
wherever, or by whatever means, the jointure ceafes or is 
fevered, the right of furvivorfhip, or jus accrefcendi, the 
fame inftant, ceafes with it. 1 Inft. 188. Yet, if one of 
three joint-tenants aliens his ftiare, the two remaining te¬ 
nants ftill hold their parts by joint-tenancy, and furvivor- 
ftiip. Lit. § 294. And, if one of .three joint-tenants re- 
leafes his lliare to one of his companions, though the., 
joint-tenancy is deftroyed with regard to that part, yet 
the two remaining parts are ftill held in jointure; for they 
ftill preferve their original conftituent unities. Lit. § 304. . 
Whenever," 
