parol partition

parol partition
A division of lands by common consent by coparceners or tenants in common without any writing. Before the statute of frauds was enacted (1677) such a partition was valid and binding, and tenants in common might make partition by parol if it were accompanied with livery of seisin in severalty, and parceners might make partition by parol generally. The authorities are in conflict as to whether such a partition is valid under the statute of frauds. In some states statutes specifically require a writing. 40 Am J1st Partit § 18.

Ballentine's law dictionary. . 1998.

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