ABSTRACT

There is a Diversity between Actions which affirm Property, as Replevin, Detinue, &c. for those ought to be brought in the Name of the Husband only, because the Property is affirmed; and Actions which disaffirm Property, as Trespass, Trover, &c. for these ought to be brought in both their Names, because they are founded in Tort made before Coverture, Sid. 172.