If the property sued for belonged to the wife alone, as her sole and separate property, under St. 1855, c. 304, or St. 1857, c. 249, the action should be in her name only, and the husband was improperly joined. If, however, the legal title to the property was in her husband, the action should be in his name only. But there is no aspect of the case, on the facts proved at the trial, in which an action can be maintained in their names jointly.

Exceptions sustained.