In  some  States  it  is  held  that  a  conveyance  by  one  spouse
during  the  coverture  will  be  given  effect  if  such  spouse  sur-
vives. That  is^  one  spouse  may  convey  the  property  subject
to  the  rights  of  the  other  during  coverture,  and  subject  to
right  of  survivorship.  Thus  it  has  been  held  that  a  convey-
ance by  the  husband  of  property  held  in  the  entirety  passes
the  right  to  possession  of  an  undivided  half,  during  the  joint
lives  of  the  husband  and  wife,  and  to  the  fee,  in  case  the
husband  survived  his  wife.'"

And  it  has  been  held  that  the  purchaser  at  an  execution  or
mortgage  sale  of  the  interest  of  one  spouse,  would  be  entitled
to  the  estate  if  such  spouse  survives  the  other.'^

Whether  or  not  the  conveyance  of  the  husband  would  be
given  effect  during  their  joint  lifetime,  will  depend  on  which
of  the  rules  already  discussed  under  rights  of  parties  during
coverture,  the  courts  adopt  or  are  bound  by.
In  other  States  an  interest  in  the  property  cannot  be  con-
veyed, except  by  the  joint  act  of  the  husband  and  wife.  In
these  States  the  grant  of  one  spouse  is  void  and  will  not  be
effectual,  even  if  such  spouse  survives;.  And  in  these  States
the  sale  of  the  husband's  interest  on  an  execution  will  not
convey  any  interest  to  the  purchaser.''

In  Michigan  it  was  held  that  the  mortgage  of  the  wife
was  void  and  could  not  be  enforced  against  the  wife,  even  after
the  death  of  the  husband.'*

"Hiles  vs.  Fisher.  144  N.  T.,  306;  30  L.  K.  A.,  305.
"Hiles  vs.  Fteher  (Ibid).
McCurdy  vs.  Canning,  64  Pa.,  41.
"Vinton  vs.  Beamer,  55  Mich.,  559.
Chandler  vs.  Cheney,  37  Ind.,  391.
"Naylor  vs.  Minock,  96  Mich.,  182.
350  JOINT  ESTATES.
DIVORCE.
