Horace Gray

“ This statute, while it authorizes the court to compel a partition by division or by sale, at its discretion, as the facts appearing at the hearing may require, does not affect the general rule governing every court of law or equity having jurisdiction to grant partition, that partition is of right, and not to be defeated by the mere unwillingness of one party to have each enjoy his own in severalty.
In equity, as at law, a pending lease for years is no obstacle to partition between owners of the fee. ”

“ In a court having general jurisdiction in equity to grant partition, as in a court of law, a tenant in common, whose title in an undivided share of the land is clear, is entitled to partition, as a matter of right, so that he may hold and enjoy his property in severalty. ”

“ Co. Litt. 46a, 167a; Com. Dig. 'Parcener,' C. 6; Wilkinson v. Joberns, L. R. 16 Eq. 14; Hunt v. Hazelton, 5 N. H. 216; Woodworth v. Campbell, 5 Paige, 518; Thruston v. Minke, 32 Md. 571; Cook v. Webb, 19 Minn, 167, (Gil. 129.) ”