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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 27   View pdf image (33K)
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20 H. 3, CAP. 1, DAMAGES IN DOWER. 27

Dowers or Quarantine without
Plea, whosoever deforce them
of their Dowers or Quarantine
of the Lands, whereof their
Husbands died seised, and
that the same Widows after
shall recover by Plea; (2) they
that be convict of such wrong-
ful deforcement shall yield
damages to the same Widows;
that is to say, the value of the
whole Dower to them belong-
ing, from the time of the death
of their Husbands unto the
day that the said Widows, by
Judgement of our Court, have
* recovered seisin of their Dow-
er, &c. (3) and the Deforcers
nevertheless shall be amerced
at the King's pleasure.
suam habere non possunt sine
placito, videlicet, quod qui-
cunque deforciaverit eis dotes
suas, vel quarentenam suam,
de tenementis, quibus viri sul
obierunt seisiti, & ipsae viduae
postea per placitum recupcra-
verint, si ipsi deforciator' de
injugto deforciainento convicti
fuerint, reddant eisdem viduis
damn a sua, scilicet valorem to-
tius dotis eis contingentis, a
tempore mortis virorum suo-
rum, usque ad diem quo ipssp
viduse per judicium curiae sei-
sinain suam inde recupave-
rint. Et nihilominus ipsi 21
deforciatores sint in miseri-
cordia domini regis.

 
Dy. 284 pi. 33. 4 Co. 30. 14 H. 8, 25. 38 Ed. 3, 13. 11 H. 4, 39. Fitz.
Dower, 24, 46, 59, 73. Fitz. Damage, 10, 83. 119. 3 Bulstr. 278. F. N. B.
fo. 7. Past. Ent. 22. Co. Litt. 32 b.
At law.—For an account of the proceedings in an action for dower, see 2
Wms. Saund. 43. The Statute of Merton extends only to those cases where
the husband died seised of the inheritance, so that the possession upon his
death devolves immediately upon the heir, Co. Litt. 32 b. n. 4; otherwise,
the widow can only recover mesne profits in equity, vide infra; and to
entitle her to damages it must be alleged and proved that the husband died
seised, Jones v. Jones, 2 Cr. & J. 601; but it is not necessary to lay damages
in the declaration, Keefer v. Young, 2 H. & J. 53, n. a. By the express
words of the Statute the value of the whole dower is given to her from the
time of the death of the husband until she recovers seisin by judgment. The
law of Maryland follows the English law in giving as damages under the
Statute not only the profits of the third part of the estate since the death
of the husband, after deducting outgoings, such as taxes, repairs and the
like, the words of the writ being ultra reprisas, Penrice v. Penrice, Barnes,
234; Darnall v. Hill, 12 G. & J. 388, but also an additional sum by way of
compensation to the widow for any loss she has sustained occasione deten-
tionis dotis, see the form of the judgment, 2 Harr. Ent. 204. These damages
are properly to be given separately, but if damages are given generally
without finding the value of the land, it is good, Co. Litt. 32 b. n. 4.
The judgment for seisin of the land and the judgment for damages are

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 27   View pdf image (33K)
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