Colwell v. . O'Brien

Stacy, 0. J.

Has a tenant by tbe curtesy initiate sufficient interest in land to support an action for specific performance, so far as bis interest is concerned, under a contract of sale signed by said tenant and bis wife, where tbe wife’s privy examination is not taken? ¥e tbink so.

While it is true that a, husband as tenant by tbe curtesy initiate, under our present Constitution and laws, has no present estate in bis wife’s land which be may sell or lease, without bis wife’s joinder, or which may be taken under execution against him (Cecil v. Smith, 81 N. C., 285), nevertheless, after birth…