11-21-39 - Lien created by party binding on his share.
§ 11-21-39. Lien created by party binding on his share.
Any mortgage or other lien executed by any joint tenant, tenant in common, or coparcener, shall remain in force on the share of such cotenant after partition, and on his share only; but this shall not prevent the holder of such mortgage or other lien from asserting claim to owelty awarded to such cotenant.
Sources: Codes, 1857, ch. 36, art. 62; 1871, § 1836; 1880, § 2572; 1892, § 3115; 1906, § 3539; Hemingway's 1917, § 2851; 1930, § 2938; 1942, § 979.