Owelty


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OWELTY. The difference which is paid or secured by one coparcener to another, for the purpose of equalizing a partition. Hugh. Ab. Partition and Partner, Sec. 2, n. 8; Litt. s. 251; Co. Litt. 169 a; 1 Watts, R. 265; 1 Whart. 292; 3 Penna, 11 5; Cruise, Dig. tit. 19, Sec. 32; Co. Litt. 10 a; 1 Vern. 133; Plow. 134; 16 Vin. Ab. 223, pl. 3; Bro. Partition; Sec. 5. OWING. Something unpaid. A debt, for example, is owing while it is unpaid, and whether it be due or not.
     2. In affidavits to hold to bail it is usual to state that the debt on which the action is founded is due, owing and unpaid. 1 Penn. Law Jo. 210.

References in periodicals archive ?
1997) (remanding for the application of rules of owelty and creation of easements to ensure equitable partition in kind); STOEBUCK & WHITMAN, supra note 258, at 215 (defining owelty).
The second appeal before the Ninth Circuit was called the owelty case.
The Navajo cross-appealed for an owelty payment from the Hopi based on testimony at trial of an expert who believed that the Hopi land fully restored would support more grazing than the Navajo land fully restored.