expressly declared to be joint in all. The same rule applies to a devise. The descent of an estate to two or more persons was formerly held to create a peculiar estate in them, called coparcenary, but in this country no distinction, between such estates and estates in common, has been recognized. Read 2 Bl. Comm., pp. 187-193. 2 Cruise Dig., Tit. xx, §§ 3, 4, 7. 4 Kent Comm., Lect. lxiv, pp. 363, 364, 366, 367. 1 Wash. R. P., B. i, Ch. xiii, Sec. 1, § 9; Sec. 2. § 122. Of the Incidents and Destruction of Estates in Common. An estate in common may be destroyed by the union of all the estates in common in one person, or by a partition of the property between the different tenants. While the estates continue in common, the possession of one tenant is usually regarded as the possession of all; though, if he erect buildings, or make improvements on the land, he cannot charge his co-tenants with any part of the expense thereof. Necessary repairs to existing buildings, however, he may make, and can claim contribution from his co-tenants on payment for the same. Read 2 Bl. Comm., p. 194. 2 Cruise Dig., Tit. xx, §§ 14, 25, 34. 1 Wash. R. P., B. i, Ch. xiii, Sec. 3, §§ 7-9, 17 18; Sec. 7. CHAPTER X. OF THE TITLE TO ESTATES IN REAL PROPERTY. § 123. Of Title. Title by Descent. Title by Purchase. Title is the means whereby an estate is acquired. An estate becomes complete in the owner thereof only when he has the right of property, the right of possession, and actual possession. Title is, therefore, the means by which the owner of an estate acquires his right of property, his right of possession, and his actual possession. Such titles are of two kinds : Titles by Descent, and Titles by Purchase. Title by descent is that title by which the heirat-law acquires an estate upon the death of his ancestor. Title by purchase is any other title than that by descent, whether it be by operation of law, or by the act of the parties. Read 2 Bl. Comm., pp. 195–201. 3 Cruise Dig., Tit. xxix, Ch. i, §§ 2-12, 16, 17, 22; Ch. ii, § 1. 4 Kent Comm., Lect. lxv, pp. 373, 374. 3 Wash. R. P.. B. iii, Ch. i, Sec. 1. § 124. Of Consanguinity. HERBERT BREED. The descent of estates is governed by rules growing out of the doctrine of consanguinity. Consanguinity is the connection or relation of persons who are descended from the same stock, or common ancestor. It is of two kinds : Lineal and Collateral. Lineal consanguinity is the relation between persons, one of whom is descended in a direct line from the other. Collateral consanguinity is the relation between persons, who are descended from the same stock. but not one from the other. The degree of consanguinity between two persons is computed, either by counting from the common ancestor to that one of the two persons who is most remote from him, or by adding together the number of degrees existing between each of the two persons and the common ancestor. The latter is the method usually adopted in this country. Read 2 Bl. Comm., pp. 202–207. 3 Cruise Dig., Tit. xxix, Ch. ii, §§ 6, 7. 4 Kent Comm., Lect. lxv, pp. 412, 413. 3 Wash. R. P., B. iii, Ch. i, Sec. 2, §§ 11, 12. § 125. Of the Whole Blood and Half Blood. Kindred of the whole blood are they who are descended, not only from the same ancestor, but from the same pair of ancestors. Kindred of the half blood are they who, though descended from the same ancestor, are descended from him through different marriages. Kindred of the half blood were anciently unable to inherit from each other. Read 2 Bl. Comm., p. 227. 3 Cruise Dig., Tit. xxix, Ch. iii, §§ 52, 53. 4 Kent Comm., Lect. lxv, p. 403. 3 Wash. R. P., B. iii, Ch. i, Sec. 2, § 18. § 126. Of the Rules of Descent. The seven canons of descent, as contained in Blackstone's Commentaries, are no longer in force either in this country or in England. Each of the States has its own laws of descent, subject, of course, to occasional changes, and the only reliable source of information concerning them is the statute-books, in which they are contained. Read 2 Bl. Comm., pp. 208, 212, 214, 217, 220, 224, 234. 4 Kent Comm., Lect. lxv, pp. 374-419. Will. R. P., pp. 92–107. 3 Wash. R. P., B. iii, Ch. i, Sec. 2, §§ 10, 13-44. § 127. Of Title by Purchase. Title by purchase is of two kinds: Title by operation of law, and Title by act of the parties. Title by operation of law is the title by which a person acquires an estate either through the operation of law alone, acting suo motu, or through the operation of law, acting with reference to some precedent act of one of the parties. Title by act of the parties is the title whereby a person acquires an estate which has been voluntarily transferred to him, or created in his favor, by another, and voluntarily accepted by himself. Read 2 Bl. Comm., p. 241. 3 Cruise Dig., Tit. xxx, §§ 1-4. 4 Kent Comm., Lect. lxvi, p. 423. 3 Wash. R. P., B. iii, Ch. i, Sec. 1, § 4. § 128. Of Title by Escheat. Title by operation of law is of ten kinds: Title by Escheat; Title by Accretion; Title by Abandonment; Title by Forfeiture; Title by Prescription; Title by Possession; Title by Marriage; Title by Execution; Title by Judicial Decree; Title by Eminent Domain. Title by escheat is the title by which the state acquires an estate in the real property of such persons as die intestate and without lawful heirs. Theoretically, all owners of estates in real property originally derive their right thereto from the state, of whose territory that property forms a part; and, on failure of such owners, the property itself returns into the common ownership of the state. Before the state takes actual possession, however, there is usually an investigation, by suit, of its right to do so, called an inquest of office, or office found. When a state acquires property by escheat, it takes only the estate of the former owner, and holds it, or trans mits it, subject to all the burdens which attended it in his hands. Read 2 Bl. Comm., pp. 244–257. 3 Cruise Dig., Tit. xxx, §§ 5–8, 11, 33, 39. 4 Kent Comm., Lect. lxvi, pp. 423–426. 3 Wash. R. P., B. iii, Ch. ii, Sec. 1. 129. Of Title by Accretion. Alluvion. Avulsion. Title by accretion is the title by which the owner of land acquires an estate in other land, which has been gradually added thereto by the operation of natural causes. Thus in alluvion, where soil is gradually washed upon and united with the shore of the sea or of a river, it becomes the property of the owner of the land to which it is attached. So islands, formed in unnavigable rivers, belong to the owners of one or both banks, according to their situation in reference to the central line of the stream. So when a stream, running between two estates, gradually changes its course, the boundary line changes with it, and one proprietor loses what the other gains. But in avulsion, or the sudden removal by water of large quantities of soil, and their deposition on or annexation to the land of another, the ownership of the soil thus suddenly removed is not changed. And where a stream suddenly changes its course, so as to leave a body of land, belonging to one, annexed to that of another without the former intervening current of water, the ancient boundary is not altered, but the whole stream becomes the property of the one through whose land it now flows. Read 2 Bl. Comm., pp. 261, 262. 3 Kent Comm., Lect. lii, p. 428. 3 Wash. R. P., B. iii, Ch. ii, Sec. 4. |