This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
Proceedings by one interested in land as co-owner with others, to obtain a partition or sale of the land, have previously been discussed.38 In this country the jurisdiction of proceedings for partition is usually deter34. 2 Woerner, Administration, Sec. 480.
35. And the question of the inherent power of a court of equity may well arise by reason of a failure to comply with the statutory requirements. See editorial note, 23 Harv. Law Rev. 472.
36. Woerner, Guardianship, Sec.Sec. 08-78; 2 Dembitz, Land Titles, Sec. 151; 3 Pomeroy, Eq. Jur. Sec. 1309; Kleber, Void Judicial Sales, Sec.Sec. 93, 157, 234-236.
37. Woerner, Guardianship, Sec. 148; 2 Dembitz. Land Titles. Sec. 152.
38. Ante, Sec. 204.
Mined by the statute, and there are in many states special provisions for the partition of land belonging to a decedent in the probate court, or for a sale for the purpose of partition.39
As before stated, a partition proceeding is available only when there is a unity of possession in two or more persons, and consequently cannot be employed in order to apportion the land, or to procure a sale, when the persons interested in the land have successive rights of possession, as when they are tenants for life and in remainder, or one is tenant in fee simple, subject to an executory limitation in favor of the other. In a few-states there is a provision for a sale in such case under the direction of a court of equity.40