New York Court of Appeals

John E. Hiles, Respondent v. Maria J. Fisher, Impleaded

January 15, 1895144 N.Y. 306

Summary

The Court held that a husband’s mortgage of land held by tenants by the entirety conveys only his undivided half interest, making the purchaser a tenant in common with the wife, and that New York statutes of 1848 and thereafter abrogate the common‑law jure uxoris right, giving each spouse an equal one‑half right to rents and profits during their joint lives.