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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 146   View pdf image (33K)
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] 46 13 E. 1, CAP. 4, FEIGNED
grievously amerced, according
To the Discretion of the Jus-
tices; and if not, the Heir
shall recover his Demand, &c.
(14) In like manner the Wo-
man shall lie aided, if the
110* Heir or any other do implead lies' for her Dower, or if
she lose her Dower by Default,
in which case the Default shall
not be so prejudicial to her, but
that she shall recover her Dow-
er, if she have Right thereto,
and she shall have this Writ.
RECOVERIES.
cordia & aniercietur graviter
secuudum discretionem justic'
sin autem recuperet lieres peti-
tionem suam. Eodem mode
siibvematur mulieri si heres
vel alius eam implacitaverit
de dote sua si dotem suam per
defultam amiserit in quo casu
su;» defalta noil sit ei ita pre-
J'udicialis quin dotem suam si
jus habeat recuperare possit &
li; it ei talc breve.

 
The Wife shall be endowable, though the Land be recovered against her
Husband by Covin, or by Default. 2 Inst. 347. 14 H. 4, f. 31. 50 Ed- 3,
f. 7. Fitz. Dower, 80, 140, 173. A Remedy for Tenants for Life, &c., which
do lose their Land by Default. Fitz. Voucher, 46, 59, 159, 165, 186, 261,
275, 276, 309. 11 Co. 62. Hob. 299. The particular Tenants may vouch
him in the Reversion. The Heir avoideth a Woman of her Dower recov-
ered against his Gardian. A Woman's Dower recovered against her by
Default. 6 Co. 8. Co- Lit. 131 b., 354 b., 355 a, 356 a. Quod ei deforceat
for Tenant in Frank-marriage. For tenant for Life, or in Tail. Fitz. Quod
ei deforreat, 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 17. Cro. Car. 445. F. N. B.
155 b. Regist. 171 b. 230. Past. 491.
In practice, many omissions of the husband have been suffered to preju-
dice the wife's title to dower. Thus if a man were disseised and then mar-
ried, and died without re-entering; or if he made a feoffment upon condi-
tion on the part of the feoffee, and married, and afterwards the condition
was broken and he died without entry, the wife was not entitled to dower.
So too if he had judgment to recover land, and married and died before
entry or execution sued; or if he made a lease for life, and afterwards took
a wife and the lessee did waste, and the lessor died, the wife was equally
deprived of dower. For in these cases the husband had during the mar-
riage neither possession in deed nor in law; and although by entry or suit
in his lifetime he might have recovered possession, and in respect of his
wife's title to dower was guilty of laches in not doing so, his default of
availing himself of these remedies prevented the accrual of any right of
dower.
Where, however, by the laches or collusion of the husband in pleading,
land was recovered against him, the wife was allowed to falsify this recov-
ery and obtain her dower. It seems that in former times husbands, as it is
expressed by an old writer, "either for the little love they bore towards
their wives, or for great affection to the price of their dower, had gotten a
use of suffering lands to be recovered from them by judgments, concords,

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 146   View pdf image (33K)
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