held: "One coparcener
cannot lawfully alter, or deliver into the
The contrary rule of our earlier law, till Henry VIII, under which no partition could be compelled (except as between coparceners
, who became joint owners by operation of law, so that the position was not voluntarily assumed), rests, no doubt, in reality more on the interest of the chief lord in having the services undivided than on this ground....
1988) (held that the "life tenant(s) may not partition the remainder," and explained that remaindermen "are not joint tenants, tenants in common, or coparceners
." Therefore, a remainderman would not be able to partition under the statute.).
Citing Blackstone, he admitted that the law was express that coparceners
could not maintain an action of trespass against each other.
64, a partition action may be brought by "any one or more of several joint tenants, tenants in common, or coparceners
, against their cotenants, coparceners
, or others interested in the lands to be divided." (3) Partition is an option when two or more parties have a right to immediate possession of real property as tenants in common, joint tenants with right of survivorship, or life tenants.