(单词翻译:单击)
PARTITION, conveyancing. A deed of partition is, one by which lands held in joint1 tenancy, coparcenary, or in common, are divided into distinct portions, and allotted2 to the several parties, who take them in severalty.
2. In the old deeds of partition, it was merely agreed that one should enjoy a particular part, and the other, another part, in severalty; but it is now the practice for the parties mutually to convey and assure to each other the different estates which they are to take in severalty, under the partition. Cruise Dig. t. 32, c. 6, s. 15.
PARTITION, ?states. The division which is made between several persons, of lands, tenements3, or hereditaments, or of goods and chattels4 which belong to them as co-heirs or co-proprietors. The term is more technically5 applied6 to the division of real estate made between coparceners, tenants7 in common or joint tenants.
2. The act of partition ascertanas and fixes what each of the co-proprietors is entitled to have in severalty
3. Partition is either voluntary, or involuntary, by compulsion. Voluntary partition is made by the owners of the estate, and by a conveyance8 or release of that part to each other which is to be held by him in severalty.
4. Compulsory9 partition is made by virtue10 of special laws providing that remedy. "It is presumed," says Chancellor11 Kent, 4 Com. 360, "that the English statutes13 of 31 and 32 Henry VIII. have been generally reenacted and adopted in this country, and probably, with increased facilities for partition." In some states the courts of law have jurisdiction14; the courts of equity15 have for a long time exercised jurisdiction in awarding partition. 1 Johns. Ch. R. 113; 1 Johns. Ch. R. 302; 4 Randolph's R. 493; State Eq. Rep. S. C. 106. In Massachusetts, the statute12 authorizes16 a partition to be effected by petition without writ17. 15 Mass. R. 155; 2 Mass. Rep. 462. In Pennsylvania, intestates' estates, may be divided upon petition to the orphans18' court. By the civil code of Louisiana, art. 1214, et seq., partition of a succession may be made. Vide, generally, Cruise's Dig. tit. 32, ch. 6, s. 1 5; Com. Dig. Pleader, 3 F; Id. Parcener, C; Id. vol. viii. Append. h. t. 16 Vin. Ab. 217; 1 Supp. to Yes. jr. 168, 171; Civ. Code of Louis. B. 3, t. 1, c. 8.
5. Courts of equity exercise jurisdiction in cases of partition on various grounds, in cases of such complication of titles, when no adequate remedy can be had at law; 17 Ves. 551; 2 Freem. 26; but even in such cases the remedy in equity is more complete, for equity directs conveyances19 to be made, by which the title is more secure. "Partition at law, and in equity," says Lord Redesdale, "are very different things. The first operates by the judgment20 of a court of law, and delivering up possession in pursuance of it, which concludes all the parties to it. Partition in equity proceeds upon conveyances to be executed by the parties; and if the parties be not competent to execute the conveyance, the partition cannot be effectually had." 2 Sch. & Lef. 371. See 1 Hill. Ab. c. 55, where may be found an abstract of the laws of the several states on this subject.
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joint
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adj.联合的,共同的;n.关节,接合处;v.连接,贴合 | |
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2
allotted
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分配,拨给,摊派( allot的过去式和过去分词 ) | |
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3
tenements
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n.房屋,住户,租房子( tenement的名词复数 ) | |
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4
chattels
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n.动产,奴隶( chattel的名词复数 ) | |
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technically
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adv.专门地,技术上地 | |
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applied
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adj.应用的;v.应用,适用 | |
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tenants
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n.房客( tenant的名词复数 );佃户;占用者;占有者 | |
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conveyance
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n.(不动产等的)转让,让与;转让证书;传送;运送;表达;(正)运输工具 | |
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compulsory
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n.强制的,必修的;规定的,义务的 | |
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virtue
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n.德行,美德;贞操;优点;功效,效力 | |
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chancellor
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n.(英)大臣;法官;(德、奥)总理;大学校长 | |
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statute
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n.成文法,法令,法规;章程,规则,条例 | |
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statutes
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成文法( statute的名词复数 ); 法令; 法规; 章程 | |
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jurisdiction
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n.司法权,审判权,管辖权,控制权 | |
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equity
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n.公正,公平,(无固定利息的)股票 | |
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authorizes
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授权,批准,委托( authorize的名词复数 ) | |
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writ
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n.命令状,书面命令 | |
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orphans
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孤儿( orphan的名词复数 ) | |
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conveyances
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n.传送( conveyance的名词复数 );运送;表达;运输工具 | |
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judgment
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n.审判;判断力,识别力,看法,意见 | |
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