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Bouvier's Law Dictionary, Revised 6th Edition (1856)

PARTITION, conveyancing. A deed of partition is, one by which lands held in
joint tenancy, coparcenary, or in common, are divided into distinct
portions, and allotted 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, tenements, or hereditaments, or of goods and chattels which belong to
them as co-heirs or co-proprietors. The term is more technically applied to
the division of real estate made between coparceners, tenants in common or
joint tenants.
2. The act of partition ascertains 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 conveyance
or release of that part to each other which is to be held by him in
severalty.
4. Compulsory partition is made by virtue of special laws providing
that remedy. "It is presumed," says Chancellor Kent, 4 Com. 360, "that the
English statutes 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 jurisdiction; the courts
of equity 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 statute authorizes a partition to be
effected by petition without writ. 15 Mass. R. 155; 2 Mass. Rep. 462. In
Pennsylvania, intestates' estates, may be divided upon petition to the
orphans' 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 conveyances 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
judgment 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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