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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 86   View pdf image (33K)
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86 3 E. 1, CAP. 49, DOWER.
65 CAP. XLIX.
The Tenant's Plea in a Writ of Dower.

In a Writ of Dower, called
Untie Nihil habet, the Writ
shall not abate by the Excep-
tion of the Tenant, because
she hath received her Dower
of another Man before her
Writ purchased, unless he can
shew that she hath received
part of her Dower of himself,
and in the same Town, before
the Writ purchased.
En brief e de Dower, dont
dame reins nad, ne soit Ie
brief e abatus per exception del
tenant, pur ceo que el avera
resceive son dower de auter
home avant son briefe pur-
chase, sil ne puit monstre qu&
el eit resceive part de sa dower
de luy mesme, & en mesme la
ville avant son briefe purchase.

 
2 Inst. 261. Regist. 170, 171. Fitz. Voucher, 196. Fitz. Dower, 75, 76, 86,
89, 114. Kel. 128.
At common law where the widow had received parcel of her dower of any
one tenant in any one county or town, the words of the writ of dower unde
nihil habet did not serve her, and the defendant therefore might plead the
receipt by her of this parcel, however small it may have been, in abatement
of the writ, Bac. Abr. Dow. M. But now by this Act three things are re-
quired before such a plea would be sustained. First. The dower must have
been received from the same tenant, and therefore if the husband enfeoff
A. of Whiteacre and B. of Blackacre, both in the same town, and
the wife receives dower of A. she shall notwithstanding have dower
unde nihil habet against B. by the express purview of the Act,
for he is not the same tenant from whom she received her dower.
And if the husband had after marriage made a lease for life
of Blackacre, and then granted Whiteacre and the reversion of Black-
acre to A. in fee, and the wife had received dower from A. in Whitacre, and
then the lessee for life had died, she might maintain this action against A.
for dower in Blackacre, for "the same tenant" means such a tenant of both
the one land and the other, as at the time of the receipt of dower by the
wife would have been liable to her in such an action; but here at the time
of the receipt of the dower by her from A., the lessee for life was tenant of
the freehold of Blackacre. Second. It must have been received in the same
town. A town in England had a well settled signification, being any num-
ber of houses, to which belonged a regular market and which was not a city
or the see of a bishop, and which being separated from the body of the
shire enjoyed privileges equivalent to those now enjoyed by a modern
corporation- According to Lord Coke, Co. Litt. 115 b. town is the genus
and borough the species, and he says it cannot be a town, unless it hath or
in time past had a church and celebration of divine service, sacraments, and

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 86   View pdf image (33K)
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