B ARO N 
Co. 43 , . ffob, 27 *. Co, lit. 4 / >. Lcafe made by baron and 
.feme, iliall be laid to be the leafe of them both, till the 
feme difagrees, which (he cannot do in the life of tlie ba¬ 
ron. Dr. Agreement, pi. 6. 
The examination of a feme covert is not always necef- 
fary in levying of fines, becaufe, that being provided that 
fhe may not at the inftance of her huiband make any un¬ 
wary difpodtion of her property, it follows, that when 
the huiband and wife do take an-eftate by the fine, and part 
with nothing, the feme need not be examined ; but where 
{lie is to convey or pafs any eflate or intcreff, either by her- 
felf or jointly with her huiband, there (he ought to be ex¬ 
amined ; therefore if A. levies a fine come ceo to baron and 
feme, and they render to the conuzof, the feme (hall be 
examined ; fo it is where (he takes an elkite by the fine 
rendering rent, 2 Injl. 515. 2 Rol. Abr. 17. If baron and 
feme by fine fur concejfit grant land to J. S. for ninety-nine 
years, and Warrant the laid land to J. S. during the faid 
term, and the baron dies, and J. S. is evicted by one that 
bath a prior title, he may thereupon bring covenant againft 
the feme, notvvithftanding (he was covert at the time when 
the fine was levied. 2 Saund. 177. 1 Sid. 466. 1 Mod. 290: 
If a huiband dilieife another to the life of his wife, this 
does not make her a dilfeiforefs, (lie having no will of her 
own, nor will any'agreement of hers to the dilfeifin during 
the coverture, make her guilty of the dilfeifin, for the 
fame reafon : but her agreement after her hulband’s death 
will make her a dilfeiforefs, becaufe then (he is capable of 
giving her confent, and that makes her tenant of the free¬ 
hold," and fo fubiect to the remedy of the difl'eifee. 1 Rol. 
Air. 660. Bro. Diffeifm 67. But if a feme covert actually 
enters and commits a dilfeifin, either (ole or together with 
her huiband, then (lie is a dilfeiforefs, .becaufe (he thereby 
gains a wrongful pofteflion; but fucli a (dual entry cannot 
be to the ufe of her huiband or a (hanger, fo as to make 
them dilfeifors, becaufe, though by Inch entry (lie gains an 
eftate, yet (he has no power of transferring it to another. 
Co. Lit. 357. 1 Rol. Air. 660. § Iden. V1. 14. 
If the huiband, feifed of lands in right of his wife, 
makes a leafe thereof for years by indenture or deed poll, 
referving rent; all the books agree this to be a good leafe 
for the whole term, unlefs the wife, by fome aft after the 
hulband’s death, (hews her dilfent thereto ; for, if (he ac¬ 
cepts rent which becomes due after his death, the leafe is 
thereby become abfolute and unavoidable ; the reafon 
whereof is, that the wife, after her intermarriage, being 
by law difablcd to contraft for, or make any difpofition of, 
her own pofiefiions, as having fubjefted herfelf and her 
whole will to the will and pow er of her huiband ; the law 
therefore transfers the power of dealing and contrafting 
for her polTdltons to the huiband, becaufe no other can 
then intermeddle therewith, and without fucli power in 
the luilband they would be obliged to keep them in their 
own manurance or occupation, which might be greatly to 
the prejudice of both ; but to prevent the hufband’s abuf- 
ing fucli power, and left be lhould make leafes to the pre¬ 
judice of his wife’s inheritance, the law has left her at li¬ 
berty after his death, either to affirm and make good fitch 
lealc, or defeat and avoid it, as (he finds it fubfervient to 
her own intereft ; and this the may do, though (lie joined 
in fuch leafe, unlefs made purfuant to ftatute 32 Hen. VIII. 
c.28. Bro. Leafes 24. Cro. Jac. 332. Co. Lit. 45. P/0511.137. 
Yelv. 1. Cro. Eliz. 769. Huiband and wife make a leafe 
for years, by indenture, of the wife’s lands, referving 
rent ; the lefiee enters, the huiband before any day of 
payment dies*; the wife takes a fecond huiband, and be at 
the day accepts the rents and dies ; and it was held, that 
the wife could not n->w' avoid the leafe, for by her fecond 
marriage file transferred her power of avoiding it to her 
huiband, and his acceptance of the rent binds her, as her 
own aft before fuch marriage would have done ; for he 
by the marriage fucceeded into the power and place of the 
wife, and what (lie might have done, either as to affirming 
or avoiding fuch leafe before marriage, the fame may the 
huiband do after the marriage. Djer 139. 1 Rol. Abr. 475. 
Vol. II. No. loo. 
VND F E M E. m 
A re-delivery by the wife after Hie death of her huiband, 
of a deed delivered by her during the coverture, is a fuffi . 
cient confirmation of fuch deed lo as to bind her, without 
its being re-executed or re-attefted, and circumfiances alone 
may be equivalent to fucli re-delivery, though the deed be 
a joint deed by baron and feme a Hefting the wife’s land ; 
and no fine levied. Comp. 201. 
The huiband being feifed of copyhold lands in right of 
his wife in fee, makes thereof a leafe for years not war¬ 
ranted by the enftom, which is a forfeiture of her eftate, 
yet this (hall not bind the wife or her Heirs after the lmf- 
band’s'deatli, but that they may enter and avoid the leafy, 
and thereby purge the forfeiture ; and the diverlity feeins 
between this aft, which is at an end when the leafe is ex* 
pired or defeated by the entry of the lord, or the wife af- 
the hulband’s death, and fuch afts as are a continuing de¬ 
triment to the inheritance, as wilful wade by the huiband, 
which tends to the deftruftion of the manor ; fo of non¬ 
payment of rent, denial of fuit or fervice ; for fuch for¬ 
feitures as tliefe bind the inheritance of the wife after the 
hufband’s death ; but in the other cafe the huiband,cannot 
forfeit by this leafe more than he can grant, which is but 
lor his own life. 2 Rol. Rep. 344. Cro. Eliz. 149. 4 Co. 27. 
A feme covert is capable of purchafing, for fuch an aft 
does not make the property of the huiband liable to any 
difadvantage, and the huiband is fuppofed to alfent to this, 
as being to his advantage, but the 1111 (band may difagree ; 
and that (luill avoid the purchafe; blit, if he neither agrees 
nor difagrees, the purchafe is good, for his conduct (hall 
be edeemed a tacit confent, fince it is to turn to his advan¬ 
tage ; but in this cafe, though the luilband fhould agree 
to the purchafe, yet after his death (he may waive it, for, 
having no will of her own at the time of the purchafe, 
file is not indifp.enfibly bound by the contraft ; therefore 
if (Jie does not, when under her own management and will, 
by fome aft exprefs her agreement to fuch purchafe, her 
heirs (hall have the privilege of departing from it. Co. Lit. 3, 
Jointrefs paying oft a mortgage was. decreed to hold 
over till (lie or her executor be fatisfied, and intereft to be 
allowed her. Chan. Cafes 271.' The huiband gave a volun¬ 
tary bond after marriage to make a jointure of a certain 
value on his wife ; the huiband accordingly makes a join¬ 
ture; the wife gives up the bond ; the jointure is evifted; 
the jointure (hall be made good out of the hulband’s per- 
fonal eftate, there being no creditors in the cafe ; and the 
delivery up of the bond by a feme covert could no ways 
bind her intereft. Fern. 427. A feme covert agrees to fell 
her inheritance, fo as (he might have 200I. of.the money 
fecured to her; the land is fold, and the money put,out 
in a truftee’s name accordingly ; this money Iliall nOl-Te 
liable to the hufband’s debts, nor (hall any promjfe by the 
wife, to that purpofe, fubfequent to the firft original agree¬ 
ment, be binding in that behalf. 2 Fern. 64. Trin. 1688, 
It is a general rule that a feme covert afting with refpeft 
to her leparate property, is competent to aft in all refpefts 
as if ftie were a.feme (ole. 2 Fez. 120. 3 Bro. C. R. 20. and 
fee 1 Fez. 163. Wherp the wife, being authorised by fet- 
tlement to difpofe of her leparate eftate, contracted to 
fell it, the court of Chancery will bind her to a fpecifie 
performance. iFez. 517. 1 Bro. C. R. 20. So the bond 
of a feme covert jointly with her huiband (hall bind her 
feparate eftate. 1 Bro.C.R. 16. 2 Fez. 190. 
IX. Where Husband and Wife muft join in bring¬ 
ing Actions. —In thofe cafes where the debt or caufe of 
aftion will furvive to the wife, the huiband and wife are 
regularly to join in adtion ; as in recovering debts due to 
the wife before marriage ; in aftions relating to her free¬ 
hold or inheritance, or injuries done to the perfon of the 
wife. 1 Rol. Abr. 347. 2 Mod. 269. But if a feme foie hath 
a rent-charge, and rent is in arrear, and (he marries, and 
the baron diftrains for this rent, and thereupon a refcous 
is made, this is a tort to the baron himfelf, and he may 
have an aftion alone. Cro. Eliz. 439. So if a feme foie 
hath right to have common for life, and (lie takes huiband, 
ami die is hindered in taking the common,, he may have 
9 li ; a or 
