...evidence to presume an actual ouster. It was argued, for thf plaintiff, that it is a general rule of law, that the possession of one tenant in common is the possession of both ; and there is no ground for any dis(o) Cowp. 217. tinction in this case, so as to 'take it out...

...intentions of a party, which it is the province of a jury to decide. Cummings v. Wytnan, 1O Mass. 468. The possession of one tenant in common is the possession of all. It is not adverse to his co-tenant, but a sale and uninterrupted possession for more than 30 years,...

...and after her death with her children. Now it is well established, VOL. x. 3 C (Kingston 11. Lesley.) that the possession of one tenant in common is the possession of all: if one enters it enures to the benefit of all. Carothers v. Dunning' 's Lessee, 3 Serg. fy Rawle, 385....

...Tho. Co. 180, JVb. W. Hornblow vs. Read and Pidduck, 1 East. 569. Without an ouster found by the jury, the possession of one tenant in common is the possession of all. Seizin in fact, as well as ouster are matters of fact, and prima facie, the possession of one is the...

...thereby estopped from saying that John Hutchinson did not die seised. But, independently of the deeds, the possession of one tenant in common is the possession of all. It appears, that after the deaths of James and Elizabeth Hutchinson, Susannah Hutchinson, one of the...

...several inheritances, and there is no survivorship amongst them as amongst joint tenants. (6) Since the possession of one tenant in common is the possession of all the rest, the seisin of the one will be sufficient to entitle the husband of another, a married woman,...

...descended to the testatrix. Doe d. Roffey v. Harbrough, 1 N. & M. 422, Bc 3 Ad. & E. 67. Generally the possession of one tenant in common is the possession of all, so as to prevent the Statute of Limitations running in favour of the one in ¡inssession, against the...

...curtesy of lands held in joint tenancy, but there is of lands held in co-parcenary or in common4 ; and as the possession of one tenant in common is the possession of all the rest, the seisin of one will be sufficient to entitle the husband of another, a married woman,...

...the estate for life and the remainder in a personal chattel, is the possession of the remainder-man. The possession of one tenant in common is the possession of all of them, until there has been a conversion or ouster by one of them. — Pettyjohn v. Beasley, 4 Dev....

...fifth tenant in common was barred by the 3 & 4 Will. 4, c. 27, the statute having altered the rule that the possession of one tenant in common is the possession of the other. The case was not within the saving of the 25th section, for the defendants had not received...