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 ?
(333.) In Texas, owelty in connection with a homestead partition is
Like the American law, most favor partition in kind (unless this form of division would seriously compromise the value of the property distributed to the parties).(276) Accordingly, such countries pay careful attention to ensuring that each party gets a fair share using the mechanism of owelty payments.(277) A second approach, used by Germany, is to limit partition in kind to situations where physical partition can lead to identical values going to each owner.
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.