case king and his wife against BASINGHAM see S c Mod with note assumpsit for  money lend by husband and wife ad damnum Self be bad S c ante assumpsit c in  which the plaintiff declare for money lend by the husband and wife c and that  it be not pay ad damnum Self and a verdict be give for the plaintiff it be  move in arrest of judgement that the declaration be ill for it be plain the  wife can have no property in the money of the husband beside by this sort of  declare the right will survive to the wife whereas it ought to go to the  executor of the husband it be true that where there be a express promise make  to the wife for some special act by her do and where the duty will survive  they may declare ad damnum Self as where they declare for that the defendant  be indebt to they for work do by the wife in make a peruke for the defendant  he promise to pay but have not pay ad damnum Self this be hold well enough a  Buckley v collier salk see also Brashford v Buckingham and his wife cro James  a but in trover by husband and wife in which they declare quod cum  possessionati to be c and that the defendant have convert c ad damnum ipsoram  this be adjudge ill after a verdict because both the possession and property  be in the husband b Jones b it be insist for the plaintiff that if this  declaration can be support by any intendment it ought after a verdict to be  make in favour of the plaintiff right now this may be the money lend by the  wife before the marriage and the promise make to her and the husband after  marriage c salk ld ray Mod c if this have be a action of covenant on a  covenant make to they it will have be good d roll Abr d and so it will in a  joint action bring by they for rend on a lease make to they e cro Elizabeth e  or in a action of debt on a bind make to they f   light f so where the wife  pay a marriageportion and a modern report er p promise be make to her to repay  it and the action be bring by her and her husband g see Com dig baron et feme  V g so where a action on the case be bring by the husband and wife against a  executor upon a promise make by modern report his testator after coverture to  pay eight pound a year to the wife during her coverture after a verdict for  the plaintiff it be move in arrest of judgement that the action shall be bring  by the husband alone because the whole benefit be to he for that the promise  be make since the marriage but it be adjudge that the husband alone may bring  the action or join his wife the court incline against the plaintiff for it be  lie ad damnum Self make the declaration ill and so it be adjudge in cro James