Partition—Equitable Action—Principles Governing Allotment— Improvements by Cotenant—Conveyance in Severalty.—In a suit in partition the court should not only allot to a cotenant that part of the common land upon which he has valuable improvements, but should also set apart a specific tract t'o the share of a cotenant who has undertaken to convey the title in fee to such tract in severalty, so that the grantee may have that which is justly his, when such disposition of the land can be made, without material injury to the rights and interests of the other cotenants.

Id.—Bights of Grantee of Tenant in Common.—Where a tenant in common makes a grant of t'he whole title of a parcel of the entire tract, his grantee takes the title, as his grantor held it, as tenant in common with the cotenants of his grantor, but the conveyance does not sever the special tract from the general tract so far as the co-tenants are concerned, and the interest of the grantee is, as was that of his grantor, subject to the contingency of the loss of the special tract if, on the partition of the general ..tract, the special tract should be allotted to one of the cotenants.

Id.—Effect of Conveyance in Whole Title by Tenant in Common. A conveyance in whole title by a tenant in common does not as to the cotenants sever the special tract from the general tract, and their rights of partition of the general tract are not affected by the fact that the conveyance has been made.

Id. — Tenants in Common—• Cannot Create Easement Against Interests of Cotenants.—A tenant in common cannot, by conveyance, create an easement in the common land which would be good against any of the eotenants other than himself.

Id.—Cannot Base Appeal upon Errors as to Conveyances by Cotenants.—Errors with relation to the conveyances of special tracts located within the common land by other cotenants are immaterial to any cotenant not a party to such conveyances and are insufficient to authorize the reversal of the judgment on his appeal.

Id.—Easement Granted by One Tenant in Common.—Where one tenant in common grants an easement in favor of a third person, no partition could justly be made which would make any disposition to the grantee of that easement that would be prejudicial to the interests of the other tenants in common.

Id.—Evidence of Grants Since Action Commenced—Beopening Case. One tenant in common cannot successfully object to the action of the court in opening the case and permitting proof of some conveyances of special locations made by other cotenants after the suit was begun and not mentioned in any pleading on file, since such conveyances involve only the relative rights of the grantees and grantors in the parcel that may be set' apart by the partition to such grantors.

Id.—-Cannot Complain Unless Delay and Injury Caused Thereby.— If reopening the case and permitting proof of conveyances of special tracts by other eotenants caused no delay in the decision of the case and no injury to a cotenant, he cannot complain of the court’s following that method of procedure, although it might be in itself erroneous.

Id. — Conveyance by Tenant in Common Pending Action — Grantor may Appear in Interest op His Grantee.—A tenant in common, who has transferred his interest in the property during the pendency of the action, may make a motion in the interest of his grantee to reopen the case and take testimony as to conveyances made after the suit was commenced.

Id.—Bight op Grantee to Allotment op Land Conveyed.—In an action of partition • the grantee of each parcel from a tenant in common is entitled to have the same set oS to him out of the share of his grantor if it can be done without injury to the other tenants in common, and the fact that he holds contiguous land which will make his ownership of the specific parcel more advantageous to him cannot justify the allotment thereof to him if to do so would materially injure another tenant in common.

Id.—Time to Object to Allotment.—The time for objection because of the consideration of facts found by the court as to the ownership by certain grantees of certain contiguous tracts which rendered the specific tracts granted to them more valuable to them, is when the report of the referee is made to the court, because it will not be presumed that the referee will take such facts into consideration to the injury of any other tenant in common in view of the declaration in the judgment that no partition respecting such special parcel can be made to the injury of another tenant in common.

Id.—Presumption That Partition can be Made Without Prejudice. One who claims that common land is not susceptible of equitable partition except by a sale, has the burden of proving it.

Id.—Appeals—Burden op Proop op Prejudice by Partition.—A tenant in common, who upon appeal contends for a sale instead of a partition as ordered by the trial court', must show that it appears by the evidence that a partition would be prejudicial to the owners of the property.

Id.—Findings—Conflicting Evidence.—A finding upon a substantial conflict in the evidence is conclusive upon appeal.

Id.—Facts to be -Considered by Beperee in Making Partition.— When the property involved in an action of partition consists of tide-land lots useful to the adjacent higher land as a means of access therefrom to navigable water, worth more to the owners of such higher land than to others, even if, owing to its proximity to centers of population or commerce, or owing to the different uses to which the adjacent higher land is devoted, some portion of the common land would be of far more value than other portions as a means of access to navigable water, the referee can take these matters into account in making the partition.