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SEVERANCE

Volume 17 · 178 words · 1797 Edition

law, the fingling or fevering two or more that join or are joined in the same writ or action. As if two join in a writ, de libertate probanda, and the one be afterwards nonfitted; here severance is permitted, so as notwithstanding the nonsuit the one, the other may severally proceed.

There is also severance of the tenants in assize; when one, two, or more differences appear upon the writ, and not the other. And severance in debt, where two executors are named plaintiffs, and the one refuses to prosecute. We also meet with severance of summons, severance in attaints, &c. An estate in joint tenancy may be severed and destroyed by destroying any of its units. 1. That of time, which respects only the original commencement of the joint estate, cannot indeed (being now part) be affected by any subsequent transaction. But, 2. The joint-tenants estate may be destroyed without any alienation, by merely disuniting their possession. 3. The jointure may be destroyed, by destroying the unity of title. And, 4. By destroying the unity of interest.