138 Mich. 112 | Mich. | 1904
The parties to this suit are husband and wife. They were married about 13 years ago. In December, 1901, they separated, and shortly afterward defendant filed a bill for divorce, which, upon a hearing, was dismissed. They own 80 acres of land as tenants by the entirety, upon which, in 1903, complainant had a crop of grapes. Defendant undertook to harvest this crop. Complainant filed this bill to enjoin such action. Defendant filed a cross-bill averring that she contributed the money
Two questions are raised by this appeal: First. Has the wife a right to a share of the crops growing on lands held by her and her husband as tenants by the entirety ? If the wife has a right to compel her husband to account for a share of the crops on land held by entireties when they are living separate, as in this case, she cannot be denied that right when they are living together. If she has such a right, it becomes important to determine where she obtained it. The common law certainly gave her no such right; for, according to its principles, the exclusive right to dispose of the crops and use the proceeds as he saw fit belonged to the husband. See Pray v. Stebbins, 141 Mass. 219; Buttlar v. Rosenblath, 42 N. J. Eq. 651; Bertles v. Nunan, 92 N. Y. 152. It follows, therefore, that if the wife has that right now she obtained it' as the result of some statute of this State. The only statute which it can be claimed has any bearing on this subject is our married women’s act. Section 8690, 3 Comp. Laws. I think it must be conceded that the decisions of this court have determined that this statute has no application to estates by entirety. See Fisher v. Provin, 25 Mich. 347; Vinton v. Beamer, 55 Mich. 559; Speier v. Opfer, 73 Mich. 35; Naylor v. Minock, 96 Mich. 182; Dickey v. Converse, 117 Mich. 449; Doane v. Feather’s Estate, 119 Mich. 691. I think it unnecessary to determine whether the husband’s exclusive control of these crops is an incident of estates by entirety, or whether, as held in Hiles v. Fisher, 144 N. Y. 306, and Buttlar v. Rosenblath, supra, it is a result of the marital unity. If
It results from this reasoning that the decree appealed from should be vacated, and complainant be given a decree in accordance with the prayer of his bill. >