Parker v. Harrison, 63 Miss. 225 (Miss. 1885).
Parker v. Harrison, 63 Miss. 225 (Miss. 1885). Book View Copy Cite
J. H. Parker
v.
Nancy Harrison
Mississippi Supreme Court.
Oct 15, 1885.
63 Miss. 225
White & Fox, for the appellants., -Sweatman, Trotter & Irotter, for the appellee.
Campbell.
Cited by 6 opinions  |  Published
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- [*228] shall 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.