Next, as to the number of owners. Things perſonal may belong to their owners, not only in ſeveralty, but alſo in joint-tenancy, and in common, as well as real eſtates. They cannot indeed be veſted in coparcenary; becauſe they do not deſcend from the anceſtor to the heir, which is neceſſary to conſtitute coparceners. But if a horſe, or other perſonal chattel, be given to two or more, abſolutely, they are joint-tenants hereof; and, unleſs the jointure be ſevered, the ſame doctrine of ſurvivorſhip ſhall take place as in eſtates of lands and tenements[1]. And, in like manner, if the jointure be ſevered, as by either of them ſelling his ſhare, the vendee and the remaining part-owner ſhall be tenants in common, without any jus accreſcendi or ſurvivorſhip[2]. So alſo if 100đ. be given by will to two or more, equally to be divided between them, this makes them tenants in common[3]; as, we have formerly ſeen[4], the ſame words would have done, in regard to real eſtates. But, for the encouragement of huſbandry and trade, it is held that a ſtock on a farm, though occupied jointly, and alſo a ſtock uſed in a joint undertaking, by way of partnerſhip in trade, ſhall always be conſidered as common and not as joint property; and there ſhall be no ſurvivorſhip therein[5].
