3. We are, laſtly, to enquire, how an eſtate in joint-tenancy may he ſevered and deſtroyed. And this may be done by deſtroying any of it's conſtituent unities. 1. That of time, which reſpects only the original commencement of the joint eſtate, cannot indeed (being now paſt) be affected by any ſubſequent tranſactions. But, 2. The joint-tenants' eſtate may be deſtroyed, without any alienation, by merely diſuniting their poſſeſſion. For joint-tenants being ſeiſed per my et per tout, every thing that tends to narrow that intereſt, ſo that they ſhall not be ſeiſed throughout the whole, and throughout every part, is a ſeverance or deſtruction of the jointure. And therefore, if two joint-tenants agree to part their lands, and hold them in ſeveralty, they are no longer joint-tenants; for they have now no joint-intereſt in the whole, but only a ſeveral intereſt reſpectively in the ſeveral parts. And, for that reaſon alſo, the right of ſurvivorſhip is by ſuch ſeparation deſtroyed[1]. By common law all the joint-tenants might agree to make partition of the lands, but one of them could not compel the others ſo to do[2]: for, this being an eſtate originally created by the act and agreement of the parties, the law would not permit any one or more of them to deſtroy the united poſſeſſion without a ſimilar univerſal conſent[3]. But now by the ſtatutes 31 Hen. VIII. c. 1. and 32 Hen. VIII. c. 32. joint-tenants, either of inheritances or other leſs eſtates, are compellable by writ of partition to divide their lands. 3. The jointure may be deſtroyed, by deſtroying the unity of title. As if one joint-tenant alienes and conveys his eſtate to a third perſon: here the joint-tenancy is ſevered, and turned into tenancy in common[4]; for the grantee and the remaining joint-tenant hold by different titles, (one derived from the original, the other from the ſubſequent, grantor) though, till partition made, the unity of poſſeſſion conti-
