Moore v. . Baker

Prior to the enactment of chapter 214, sec. 2, of the Public Laws of 1887, 0. S., 3234, cotenants in remainder or reversion bad no right to enforce a compulsory partition of land in which they had such estate.

A tenant in common is entitled to a compulsory partition, and to enable said tenant to maintain a proceeding for such partition he must have an estate in possession, one by virtue of which he is entitled to enjoy the present rents or the possession of the property as one of the cotenants thereof. 40 Am. Jur., sec. 28, p. 22. The possession need not be actual. The actual possession may be…