Cotenancy And Partition : a Treatise On the Law of Co-Ownership As It Exists Independent of Partnership Relations Between the Co-Owners

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Jur. sec. 1206; Eandall v. Phillips, 3 Mason C. C. 387; Pettr «. Stvward.
1 Oh. Bep. 31, 57. ■' °"^""'"» 75 JOINT-TENANCY. §§ 17, 18 imply an intention on the part of the mortgagees to give each other the benefit of survivorship, then no such in- tention should be inferred from any means which they may joinjtly pursue to render their security productive.
Hence, if they jointly prosecute their remedy by foreclos- ure, and become joint purchasers at the sale, still will the interest acquired by s
...uch sale be held by tenancy in com- mon.' And a like result follows when, independent of any foreclosure, they purchase the mortgagor's equity of redemp- tion.^ § 17. A joint-tenancy may be created by any joint purchase, but not otherwise. "Purchase includes every mode of coming to an estate except inheritance."' If two or more disseize ianother of "any lands or tenements to their own use, then the disseizors are joyntenants."* "Now, as there be joyntenants by disseizin, so are there joyntenants by abatement, intrusion, and usurpation, all of which are in- cluded in the latter."* g 18.

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