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Parker v. Harrison
63 Miss. 225
Miss.
1885
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Campbell, J.,

delivered the opinion of the court/

The demurrer was rightly overruled. The complainant was a co-tenant of all of the lands sought to be partitioned, and brought before the court the alienees of her former co-tenants, so that their interests would be protected. Surely, they cannot successfully complain of this. It is the right of one of several co-tenants to convey his interest in the whole or a part of the joint estate, but this-*228shall not prejudice the rights of a co-tenant who has not aliened and desires to obtain partition.

It is not allowable for a co-tenant to split the joint estate into fragments, and necessitate as many separate suits for partition as there may be conveyances. He who has a joint interest in the several parcels may proceed as if no conveyance had been made by any of his co-tenants, and bring all parties in interest before the court, which will do justice between the parties according to their several rights. 1 Story’s Eq. Jur., § 656c, 657.

We agree with the Chancellor in his conclusion upon the facts.

Affirmed.

Case Details

Case Name: Parker v. Harrison
Court Name: Mississippi Supreme Court
Date Published: Oct 15, 1885
Citation: 63 Miss. 225
Court Abbreviation: Miss.
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