case FROSDICK against sterling a husband be seize of a house in right of his  wife may bring a action alone for disturb he in the enjoyment of it S C Freem  the plaintiff alone bring a action on the case against the defendant and set  forth that he and his wife in her right be seize of a message bakehouse and  coaryard c and that the defendant have erect two house of office so near the  say bakehouse that the wall thereof become foundrous and the air so  unwholesome that he lose his custom and that the defendant have dig a pit so  near the say coalyard that the wall thereof be in danger of fall and that he  have build another wall so near the say message that he have stop a old light  therein upon not guilty plead there be a verdict for the plaintiff modern  George stride sergeant now move in arrest of judgement for that the wife shall  have be join in this action for where she may maintain a action for a tort do  in the lifetime of her husband if she survive and where she may also recover  damage in such case she must join and it have be adjudge that she wight to  join with her husband for stop a way upon her land cro car so also for cut  down tree on the jointure of the wife make to her by a former husband by  reason whereof the present husband lose the Toppings they both join for though  the wrong be do to his possession and he may have release yet because there be  also a wrong do to the inheritance they ought both to join cro car so it have  be adjudge the husband and wife in right of the wife join in a action of debt  upon the statute of Edward c for not set out of tithe and hold good and where  the wife cure a will both join in the action the court hold that where the  action if not discharge shall survive to the wife they ought both to join  which if they have do here it will have be bare to have maintain this action  because entire damage be give and for lose the custom to his bakehouse the  husband alone ought to have bring the action he may bring a ejectment of the  land of his wife but judgement be stay till move on the other side