BARON and F E M E. 
75° 
an a6tion alone without his wife, it being only to recover 
damages. 2 Buljl. 14. But, if baron and feme are dilfeifed 
of tire lands of the feme, they mu ft join in aftion for tire 
recovery of this land. 1 Buljl. 21. The baron may have 
an action alone upon the flat. 5 Rich. II. ftat. 1. c. 8, for 
entering,'into the land of the feme ; trefpafs-and taking 
charters of the inheritance of the feme ; quare impedit, &c. 
But for perfonal torts, they nruft join, though the baron 
is to have the damages. tDanv.qa<). 1 Rol. Rep. 360. The 
hufband is to join in actions for battery to the wife ; and 
a wife may not bring any action for wrong to her without 
her hufband. Co. Lit. 132. An aftion for a battery on the 
wife, brought by hufband and wife, nruft be laid to the 
damage of both. 2 Lord Rayvi. 1209. For an injury done 
to the wife alone, adtion cannot be maintained by the huf¬ 
band alone, without her; but for adault and debauching 
or lying with the wife, or for a lofs and injury done to 
tire hufband, in depriving him of the converfation and fer- 
vice of his wife, he alone may bring an aftion ; and thefe 
1 aft actions are laid for aflault, and detaining, See. the wife, 
per quod, confortium amifit, &c. Cro.Jac. 538. Yelv. 89. 
For taking any thing from tire wife, tire hufband only 
is to bring the aftion, who has the property ; for the wife 
hath not the property. In all cafes where tire feme fhall 
not have the thing recovered, but the hufband only, he 
alone is to bring the aiftion. 1 Rol. Rep. 360, except as 
above, &c. Fora perfonal duty to the wife, the baron 
only may bring tire action : and the hufband is intitled to 
the fruits of his wife’s labour, for which he may bring 
quantum meruit. : l.ill. Abr. 227. 1 Salk. 114. In cafe, be¬ 
fore marriage, a feme enters into articles concerning her 
eilate, file is a feparate perfon ; and the hufband may be 
plaintiff iir equity againft the wife. Free, in Chancery 24. 
Where the feme is adminiftratrix, the fuit muft be in both 
their names, for by the intermarriage the hufband had au¬ 
thority to intermeddle with the goods as well as the wife; 
but in the declaration the granting adminiftration to the 
feme muft be fet forth. Godb. 40. pi. 44. In action for 
goods which the feme hath as executrix, they muft join, 
to the end that the damages thereby recovered may ac¬ 
crue to her as executrix in lieu of the goods. Went. Off. Ex. 
207. In-an action upon a trover before marriage, and a 
conversion after, the baron and feme ought to join; for 
this action, as a trefpafs, difaflirms the property ; but the 
baron alone ought to bring a replevin, detinue, See. for 
the allegations admit and affirm a property in the feme at 
the time of the marriage, which by confequence muft have 
veiled in the baron. 1 Sid. 172. 1 Iieb. 641. S.C. 2 Lev. 
107. S.P. and that he may join the wife at his election. 
If A. declares, that the defendant being indebted to him 
and his wife, as executrix to J. S. in confideration that A. 
would forbear to fue him for three months, afthmed, &c. 
and avers that he forbore, and that his wife is ftill alive, 
the aCftion is well maintainable by the hufband alone, for 
this is on a new contract, to which the wife is a ftranger. 
\Carth. 462. \Salk.ii’]. Yelv.%\. Where a right of aCtion 
doth accrue to a woman before marriage, as where a bond 
is made to her and forfeited, there, if (he marry, fhe muft 
be joined with the hufband in an aCtion of debt againft the 
obligor. Owen 82. In all aCtions real for the land of the 
wife, the hufband and wife ought to join. R. 1 Buljl. 21. 
So in aCtions perfonal for a chofe in aCtion, due to the wife 
before coverture. 1 Rol. 347. Cro. Eliz. 537. In the civil 
law the hufband and the wife are confidered as two diftinCt 
perfons ; and may have feparate eftates, contracts, debts, 
and injuries ; and therefore in our ecclefiaftical courts a 
woman may fue and be fued without her hufband. 2 Ro. 
Ab. 298. 
X. Where Husband and V/iee muft be jointly 
Sued. —The hufband is by law anfwerable for all aCtions 
for which his wife flood attached at the time of the co¬ 
verture, and alfo for all torts and trefpaftes during cover¬ 
ture, in which cafes the aCtion muft be joint againft them 
both ; for if fhe alone were fued, it might be a means of 
Bulking the hulband’s property liable; without giving him 
an opportunity of defending himfelf. Co. Lit. 133. 2 Hen¬ 
ry VI. 4. If goods come to a feme covert by trover, the 
aCtion may be brought againft hufband and wife, but the 
converfion may be laid only in the hufband, becaufe the 
wife cannot convert goods to her own life ; and the aCtion 
is brought againft both, becaufe both were concerned in 
the trefpafs of taking them. Co. Lit. 351. 1 Roi. Abr. 6. pi. 7. 
Yelv. 166. Joy. 79. 1 Leon .312. But, in debt upon a dc- 
vajlavit againft baron and feme executrix, it fhall pot be 
laid quod devajlaverunt, for a feme covert cannot., wafte. 
2 Lev. 145. An aCtion on the cafe was brought againft 
baron and feme, for retaining and keeping the fervant of 
the plaintiff, and judgment accordingly. 2 Lev. 63. If a 
leafe for life or years be made to baron and feme, referv- 
ing rent, an aCtion of debt for rent a near may be brought 
againft both ; for this is for the advantage of the wife. 1 
Rol. Abr. 348. 
If an action be brought againft an hufband and wife for 
the debt of the wife, w hen foie, and the plaintiff recovers 
judgment, theca, fa. fliall illiie to take-both the hufband 
and wife in execution. Moor 704. But if the aCtion was 
originally brought againft herfelf when foie, and pending 
the fuit file marries, the ca.fa. fliall be awarded againft 
her only, and not againft the hufband. Cro. Jac. 323. Yet 
if judgment be recovered againft an hufband and wife, 
for the contract, nay even for the perfonal mifbehaviour 
of the wife, during her coverture, the ca. fa. fhall iffue 
againft the hufband only : which is (fays Mr. ). Blackfione) 
one of the many great privileges of Englifli -wives. 3 Comm. 
414. 3 Wilf. 124. But in an aCtion againft hufband and 
wife, for an alfault by the wife, it was held that both may 
be taken in execution. 1 Wilf. 149. See EfpinaJJCs N. P. 
327. Where a woman before marriage becomes bound for 
the payment of a fum of money, and on her marriage fe¬ 
parate property is fettled on her, if the obligee can have 
no remedy againft the hufband, the wife’s feparate pro¬ 
perty is bound. But the obligee muft firft endeavour to 
recover againft the hufband by filing him. 1 Bro. C. R. 17. 
XI. Of Divorces. —If baron and feme are divorced 
cajua adullerii, which is a divorced rnen/d ct thoro, they 
continue baron and feme : it is otherwife in a divorce a 
vinculo matrimonii , which ditfolves the marriage. The feme 
after divorce, fhall re-have the goods which file had be¬ 
fore marriage. Br. Coverture, pi. 82. D. 13. pi. 63. per Filz~ 
Herbert. Keilw. 122 b. pi. 75. But, if the hufband had given 
or fold them without colltifion before the divorce, there 
is no remedy ; but, if by collufion, (lie may aver the collu- 
fion, and have detinue for the whole, whereof the pro¬ 
perty may be known ; and as for the reft, which conlifts 
of money, &c. ftie fliall fue in the fpiritual court. Br. De- 
raignment & Divorce, pi. 1. cites 26 Hen. VIII. 7. 
If a man is bound to a feme foie, and after marries her, 
and after they are divorced, the obligation is revived. Br. 
Cov. pi. 82. Becaufe the divorce being a vinculo matrimonii, 
by reafon of fome prior impediment, as pre-contract, See. 
makes them never hufband and wife ab initio ; but if the 
hufband had made a feoffment in fee of the lands of his 
wife, and then the divorce had been, that would have 
been a difcontinuance as well as if the hufband had died, 
becaufe there the intereft of a third perfon had been con¬ 
cerned, but between the parties themfelves it will have 
relation to deftroy the hufband’s title to the goods, and it 
proves no more than the common rule, viz. that relations 
will make a nullity between the parties themfelves, but 
not amongft ftrangers. Lord Raym. 5 21. HU. 11 IT. 3. If 
a man gives lands in tail to baron and feme, and they have 
ilfue, and after, divorce is filed, now they have only frank- 
tenement, and the iffue fliall not inherit. Br. Tail et Dones, 
&c. pi. 9. If the baron and feme purchafe jointly and are 
difleifed, and the baron releafes, and after they are divorc¬ 
ed, the feme fliall have the moiety, though before the di¬ 
vorce there were no moieties; for the divorce converts it 
into moieties. Br. Dcraignment,pi. 18. cites 32 Hen. VIII. 
If baron alien the wife’s land, and then there is a divorce 
cajua prcecontrattus , or any other, divorce which diflolves 
