Tatum v. Tatum

Hart, C. J.,

(after stating the facts). Counsel for respective parties say that, after a-diligent search, they have been able only to find two .cases directly bearing on the issues raised by the appeal.

Counsel for the defendants rely upon the case of Rumsey v. Sullivan, 150 N. Y. S. 287, 166 App. Div. 246, to sustain the decree. In that case the court said (quoting from syllabus):

“A wife who did not join in her husband’s conveyance of land could not, during his lifetime, enjoin his grantee from drilling for oil or gas on the land and removing or selling any,oil produced, since she cannot…