Jenne v. Marble

This is an action at law by the assignee of a husband against his wife on personal covenants for the payment of rent on a lease from the husband to the wife, and for the value of certain farm live stock claimed to have been sold to her.

The lease, dated July 10, 1874, leased two farms — one on shares, and one, which included a legal homestead and some additional land, for $260 a year and taxes. The lease, which was in the ordinary form used for farming leases, contained personal covenants, and clauses of eviction on default.

The court below held that the transaction was not such as to create a…