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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 36   View pdf image (33K)
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36 20 H. 3, CAP. 2, EMBLEMENTS.
Alvey holds as follows: As against the heir, there is no question but that
the widow is entitled to dower according to the value of the land at the
time of the assignemnt, but as against the alienee of the husband the rule
in this country, as settled by overwhelming authority, is that the widow is
not to be allowed the benefit of improvements made by him; but that the
improved value of the land, from which the widow is to be excluded in the
assignment of her dower in such case, is that which has arisen from the
actual labor and money of the alienee, and not that which has arisen from
extrinsic or general causes. "But to give full effect to this rule, after
excluding all the improvements made by the alienee, before demand of
assignment, the assignment of the dower should be made according to the
value of the land at the time of assignment." Sellman v. Bowen, 8 G. & J.
50, supra,, is therefore overruled on this point.
With regard to the damages to which the widow may be entitled for the
detention of her dower, the court says: 'At the common law, when dower
was detained from the widow, and she was compelled to resort to her writ
of dower, she could recover no damages for the detention, but was entitled
only to the profits of her third part of the land from the time of judgment
recovered. To remedy this defect in the law the Statute of Merton, 20 Hen.
3. c. 1, was passed which gave the demandant damages equal to the value of
her dower from the time of her husband's death, or, by construction, from
the time of the demand made; but that statute, by its express terms, only
applies where the husband died seised. In those cases, therefore, where the
husband does not die seised, as where the land is alienated in his lifetime,
there can be no recovery of damages at law. But in equity, the widow may
have a decree for an account of rents and profits against the alienee, or
those claiming under him, which accrue after dower demanded; and she
may even proceed in equity tor such rents and profits after she has recov-
ered her dower at law."
The action in this case being brought at law, the court goes on to say
that "inasmuch as no judgments at law can be entered to embrace and give
force to all the principles and rights determined in the foregoing opinion,
it may be necessary, if the parties do not think proper to adjust all matters
and conclusions of fact by agreement, that an amicable bill in equity be
filed, so that a decree may be entered, on accounts taken, that will embrace
the whole case."
In Grove v. Todd. 45 Md. 252, the court said that the right of a widow
to claim interest on arrears of dower in equity was somewhat analogous to
her right to damages at law and depended on the same principles.
CAP. II.
Widows may bequeath the Crop of their Lands.

Also from henceforth Wid-
ows may bequeath the Crop of
their Ground, as well of their
Dowers, as of other their

Item omnes viduae de ca&te-
ro possint legare blada sua de
terra sua, tarn de dotibus suis,
quam de aliis terris, & tene-

 

 
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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 36   View pdf image (33K)
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