Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-27
we..Iager Ia vi. J. Na.phg. . ID.

This is an action of eiectment brought By the
plaintiffs as the heirs Of Francs W Porter to re
cover the undivided half Of rs acres Of land in
Weakley county.
Verdict and judgment being against them-upOn
the statute Of hmitation-they have appealed in
error 10 this Court
The case is governed by the principles OF GuiOn
! VS.. Anderson, reported in Hum. POS. 1t is there
held, that by marriage the husband gains an estate
of freehold in the Inheritance of his wife, in her
right, which may continue during their Joint lives
and may By possibility during his own lie. He is
not however solely seized but jointly with his wife
During the existence Of the overture he is not
tenant by the courtesy and cannot be unless he sur-
vive his wife; and therefore has no particular IN
terest, estate separate from the principal estate
IN his wife. If there be disseizin during the cover
tRre il is dissezin Of the entire joint estate and
they must jointly bring suit to the posses
SION Aud If they fail to do their joint right CT
action viii be barred by seven years adverse. pos
session; and the husbands interest barred and ex-
tnguished so that ii he even survive his wife, he
has no estate or interests and if she survives him.
she has, by the provision Of the statute only three
years next after their cOverture shall cease within
which to sue. And if he survives her, her heirs.
those under the disabilities of infancy, coverture
&c. must, by the same statute, sue within three
years next after her death be forever barred; Gu
.nulative disabilities not being allowed tosuspend the
statute after it has commenced running
The case is entirely different when there is no
joia right Of suiin husband andwi as when the hus-
sband makes Conveyance Of the lands of his wifeshe
not ioining therein. Then the husband BY his deed
has estopped himself from suing and the wife cannot
she ane nor can she OF her heirs sue the husbands
vendee until after the husbands death; aud the ease
Lecomes one of particular estate and remainder with
the rights of seven years. in the wife, or her heirs
to sue next after the husband death. Guion VS. An
derson. 8 Hum 327; dcCorry vs.. Kings heirs s do
267 Miller VS.. VIller, Megs Rep. 4Sl
These rules applied to the present case are deci-
sive Of it.
THE tract Of land in dispute belonged TO the said
Frances W. and her sister Helen NJ in equal moieties
as tenants in common, in fee simple. In 1922 the
former intermarried WitilJames i. Porter bv Ehoru
she had in the year 1928 an only daughter and she
and her husbahl with the three other children of
the said Frances W., by Mr. Bond her first husband
are plaintiffs ia this action
The sdid Frances W. died February 4th 1855. and
her husband the said James B Porter, disdin Octo-
Der. 1854
At her death an her children save her son VIII
lam were femes c0Cal; and haze 50 continued ever
since.
The said Helen d. intermarried ia ls0s with Di-
vid IarbrOugh, and he died in 1871. Prior to mis-
death, and in the years 1855 and lS29-the said Da
vid Yarbrough and wife, Helen H., by their joint
deed and in some cases. TIE said David, by hls deed
assumed to convey, and did convey, by their attor
ney in fact the 5fTe tract Of ald u dispute to the
who Immediately took actual posses 4
sion and have held it ever since, claiming the I
entire and whole interest in said land as their /
own.
These deeds were absolute conveyances in fee 4
simple by notes and bonds and with full covenants
# warranty and they and the power Of attorney,
we're immediately registered.
This suit was commenced the 9th Of Janua-
" 1857 more team flres years after the death of
he said Frances W. Porter, the ancestor Of the
ilaiHths.
Neither the said james B. Porter nor the said
frances ~, his wife, had any thing to do with