the debtor. Layman v. Denton, Tenn.

(42 S. W.

Rep. 153). Miss Code 1892, ch. 75, applied-lien of overseer or manager of plantation, on crops. McCormick v. Blum, 75 Miss. 81 (21 So. Rep. 707).

CURTESY AND DOWER.

EPITOME OF CASES.

Sec. 148. Curtesy of husband. Curtesy cannot attach to a mere life estate, Bigley v. Watson, 98 Tenn. 353 (39 S. W. Rep. 525; 38 L. R. A. 679); or to a mere possessory right in lands, Brown v. Watkins, 98 Tenn. 454 (40 S. W. Rep. 480). Except as to the mortgagee, a husband does not release his right of curtesy by joining with his wife in a mortgage of her land. Baker v. Baker, 167 Mass. 575 (46 N. E. Rep. 391). A judgment in ejectment against a tenant by the curtesy is not conclusive as against the remaindermen. Lineberger v. Newkirk, 179 Pa. St. 117 (36 Atl. Rep. 193). In Arkansas it is held that a husband's estate by curtesy is superior to the rights of his wife's judgment creditors, although they might have extinguished his estate during her life by a sale of the land on execution. Hampton v. Cook, 64 Ark. 353 (42 S. W. Rep. 535; 62 Am. St. Rep. 194). Mass. Laws 1886, ch. 245, §§ 1,2-release of estate of curtesy by guardian of insane husband-amended, Laws 1899, p. 179.

Sec. 149. Right of dower-Conveyance-Liability for debts. A widow in possession of mortgaged land in which she has an unassigned right of dower, is entitled to the profits thereof undiminished by any set off on account of interest accruing upon the mortgage during the time of her possession Becker v. Carey, N. J. Eq. (36 Atl. Rep. 770). In South Carolina, a widow, although entitled to dower in her deceased husband's land, may become a trespasser on the homestead after forty days from his death. Cave v. Anderson,

50 S. C. 293 (27 S. E. Rep. 693). Prior to Mo. Rev. Stat. 1889, § 4514, a widow could not, at law, alienate her dower

right by conveyance or assignment, to one holding no interest in the land. Sell v. McAnaw, 138 Mo. 267 (39 S. W. Rep. 779); Carey v. West, 139 Mo. 146 (40 S. W. Rep. 661). A mortgage of premises by one having unassigned dower right therein, conveys no title. Ritt v. Dodge, 20 R. I. 133 (37 Atl. Rep. 810). Where lands, subject to dower, were partitioned by means of a sale, and the decree provides that the income from one-third of the proceeds shall be secured to the widow, her interest remains that of a life tenant and can only be subjected to claims of her creditors under proceedings authorizing the sale of life estates. Pa. Act, Oct. 13, 1840; Act, Jan. 24, 1849, applied. Kunselman v. Stine, 183 Pa. St. 1 (38 Atl. Rep. 414). Where, at the instance of the creditors of a failing debtor, the court appoints a receiver to procure an assignment of dower to which he is entitled and subject it to the payment of his debts, all parties interested being made parties, the decree and proceedings thereunder are binding unless appealed from. Doty v. Irwin, 168 Ill. 50 (47 N. E. Rep. 768).

Sec. 150. Lands subject to dower. A widow cannot claim dower under Mass. Pub. Laws, ch. 124, § 3, in lands of which her husband was vested with an estate in reversion only. Baker v. Baker, 167 Mass. 575 (46 N. E. Rep. 391), citing Watson v. Watson, 150 Mass. 184 (22 N. E. Rep. 438), which holds that dower cannot be claimed in a vested remainder held by a husband where he dies before the termination of the intervening freehold estate. This was the rule at common law. Durando v. Durando, 23 N. Y. 331; House v. Jackson, 50 N. Y. 161; Shars wood & Budd's Leading Cases Law Real Prop. Vol. I, p. 317. Under Mo. Rev. Stat. 1889, § 4513, a widow is entitled to dower in lands of which her husband acquired the equitable title during his life by the payment of the purchase money. Howell v. Jump, 140 Mo. 441 (41 S. W. Rep. 976). A widow's right to dower in land conveyed by her husband, by a conveyance in which she did not join, is not affected by his fraudulent representations. to the effect that he was an unmarried man. McLanahan v. Griffin, 168 Ill. 31 (48 N. E. Rep. 315).

Sec. 151. Dower in mortgaged lands-Rule in South Carolina. In the recent case of Miller v. Farmers' Bank, 49 S. C. 427 (27 S. E. Rep. 514; 61 Am. St. Rep. 821), the supreme court of South Carolina say: "From the decisions rendered by the courts of last resort in this state, the following principles are deduced: (1) If at the time of coverture, there are incumbrances on the land, and there is a judicial sale of the land during coverture, to satisfy such incumbrances, the wife is regarded as in privity of the estate with her husband, and whatever rights she may have are transferred to the surplus proceeds of sale after payment of the incumbrances; but she has no right to have her dower set off to her in the land thus sold. (2) If at the time of, or during coverture, the title of the husband is complete and unincumbered, and he afterwards mortgages the land, the wife is not a privy in estate with her husband, and her right to claim dower in the land is paramount to that of the mortgagee. In such case her rights are not transferred to the surplus proceeds of sale if the mortgage is foreclosed during the lifetime of her husband, but after his death she can have dower assigned her in the land itself. (3) If the title of the husband is complete, and during coverture he executes a mortgage on the land upon which the wife renounces her dower, and the mortgage is foreclosed during coverture, she, by her own act, did that which as effectually deprives her of the right to claim dower in the land as if the mortgage had been for the purchase money of the land, or had been a subsisting lien at the time of marriage. In all these cases the rights of the purchaser are paramount to the wife's claim of dower. When the wife renounces dower in the land, she, by her own act, places herself in privity of estate with her husband. (4) In cases where the rights of the wife are in privity with those of her husband in the land, and the land is sold under a judgment of foreclosure proceedings, and after the death of her husband, she has no right to claim dower in the land. (5) When a wife renounces dower on one mortgage, and there are other mortgages, as in this case, under all of which the land is sold during coverture, the wife, after the death of her husband, is not entitled to relief against the purchaser of the land on the ground that the renunciation of

dower was for the benefit alone of that mortgage upon which the dower was renounced, and only postponed the satisfaction of that mortgage."

Sec. 152. Release, loss or waiver of dower. Dower can only be released by writing under seal, duly acknowledged. Farrell v. French, 43 W. Va. 456 (27 S. E. Rep. 263). A purchaser of land charged with dower, has the burden of showing that the dower claimed has been released. Gay v. Lockridge, 43 W. Va. 267 (27 S. E. Rep. 306). Particular evidence held insufficient to authorize the setting aside of a release of dower executed by a wife to her husband. McKenzie v. Sifford, 48 S. C. 458 (26 S. E. Rep. 706). A widow's right to dower is not affected by a sheriff's sale of her husband's land on a judgment against him. Lynde v. Wakefield 19 Mont. 23 (47 Pac. Rep. 5). A widow's right of dower in her husband's land, given by Neb. Comp. Stat. ch. 23, is not barred by his administrator's sale of the land to pay debts, where the record of the proceedings ordering the sale shows that the decedent left a widow; and the fact that she was a party to such proceedings but neglected to appear, and attended the sale without making any assertion of her dower right, does not estop her to afterwards claim it. Nor is she estopped from asserting such dower right because she received a part of the proceeds of such sale as her "distributive share of such estate," such payment not having been made to her or received by her in lieu of her dower estate. Motley v. Motley, 53 Neb. 375 (73 N. W. Rep. 738). Particular stipulation in a decree for alimony held to bar dower. McKelvey v. McKelvey, 112 Mich. 274 (70 N. W. Rep. 582). A lawful wife is not estopped to claim dower in her husband's real estate because she had knowledge of his living with another woman for several years before his death who believed herself to be his lawful wife. Dunn v. Portsmouth Sav. Bank, 103 Ia. 538 (72 N. W. Rep. 687) A wife who separated from her husband and lived in adultery with another, cannot assert a claim for dower, as against the right of a third party, to have compensation for caring for the husband in his last illness. Davis v. Calvert, Ky. (38 S. W. Rep. 884). Me. Laws 1895, ch. 157, § 6-release of dower-amended, Laws

1899, p. 14. In Michigan, any resident married woman of the age of 18 years may release her right of dower by joining in her husband's conveyance, "and may do any other act concerning rights in lands owned by her husband which she might do if she were twenty-one years of age." Laws 1899, p. 284.

Sec. 153. Assignment of dower. Dower must be assigned according to the statute in force at the time of the husband's death. Carey v. West, 139 Mo. 146 (40 S. W. Rep. 661). It is error to decree a specific sum in lieu of dower, without the assent of all parties interested. Farrell v. French, 43 W. Va. 456 (27S. E. Rep. 263). Dower should be assigned to widow before an unconditional sale of his real estate to pay debts is ordered, unless she has elected to take the value of her dower in money. McKittrick v. McKittrick, 43 W. Va. 117 (27 S. E. Rep. 303). In an action by a widow to recover dower in lands sold under execution against her husband during the marriage, all persons claiming an interest therein are proper parties. Her complaint need not negative the idea that she has accepted a testamentary provision in lieu of dower. Sanders v. Wallace, 114 Ala. 259 (21 So. Rep. 947). In the assignment of dower the commissioners should regard the productive value of the real estate, and when they have ascertained the annual income of the whole estate, they ought to set off to the widow such a part as will yield her one-third part of such income. Fuller v. Conrad's Adm'r., 94 Va. 233 (26 S. E. Rep. 575). Citing, Leonard v. Leonad, 4 Mass. 533. Where it is impracticable to allot dower to a wife in lands conveyed by her husband by metes and bounds, she may be awarded a gross sum representing the present value of her estate, based upon the value of the property at the time of its alienation. Applying Ky. Stat. 1894, § 2139, it is held that she may have a personal judgment against the vendee for such an allowance with interest from the commencement of the action. Hogg v. Hensley, 100 Ky. 719 (39 S. W. Rep. 247). The doctrine of Burt v. Cook Sheep Co., 10 Mont. 571 (reported in full Ballards' Law of Real Property, Vol. 2, §§ 90-92), relating to the application of the statute of limitations to an action for dower, is approved and followed in the case of Lynde