In a partitione facienda, by tenant in common against the other, an estrepment was granted, for all that the plaintiff had confest to be held in common, and not of more, for by such means, a man may be inhibited to cut his own bows, according to his occasions. But Benelowes. cap. 5. fo. 4. Seem’d, that an estrepment does not lie between tenants in common. But in M. 6 Jac. it was rul’d that the estrepment shall be granted, although that Cook Chief Justice held with Benelowes. But note, that in 5 Jac. An estrepment was granted in a partititione faciend. because it is a real action, and no damages to be recovered. And Brownlowe shewed many presidents contrary to Benelowes.
Citations:
[1669] EngR 47, (1669) Noy 143, (1669) 74 ER 1106 (B)
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Updated: 02 May 2022; Ref: scu.406887