Amos

The principal question raised in this case is the same as that settled in Meyer vs. Kinzer, * decided this term, viz., the tenure under our law, by which the husband and wife hold property conveyed to them, or her, during coverture. The principal difference between the circumstances of the two Cases, affecting this question is, that in that instance the chattel interest, a note and mortgage, ivas made and delivered to the husband and wife jointly, while in the present, the property was conveyed directly to the wife alone. Counsel for plaintiff contend that the circumstance of the interest in controversy having been conveyed to the wife alone, and in her own name, raises a presumption that the husband intended it as a gift, or advancement to her, and is sufficient to sustain the claim Avhich she now asserts to it, as her undivided property. This presumption, however, cannot be entertained, for the instrument through Avhich she necessarily claims, if she claim at all, must be held conclusive ; and it shoAvs that the transaction by which the transfer to her was made, by Reddish, in November, *351 1855, was a sale; therefore, the manner by which the title to this property was…