194 HANNAH K. CHASE'S CASE.—1 BLAND.

value of the dower, in lieu and discharge of which, it was given,
and has been accepted.

The creditors have associated themselves with the widow and
devisee of the deceased, and have asked to have the real estate
sold for the payment and satisfaction of all. But these creditors
now, it seems, propose to have their claims first satisfied, in pre-
ference, and exclusion of the devise to the widow. They who
are the widow's opponents, would thus bind her to her election to
take under the will, which satisfied her claim that had a preference
over theirs; and yet they would leave her to take, by that devise,
nothing, or less than the amount of her legal claim. This cannot
be allowed. They who ask equity must do equity. These credi-
tors must either permit the widow to take to the whole amount
under the will, as is her choice, or allow her to obtain full satisfac-
tion for her dower; because to the value of that, at the least, .she
is both at law and in equity, ''a purchaser with a fair considera-
tion;" and to that extent, therefore, the devise must be sustained.
The widow is clearly entitled to one, or the other; either the devise
or the dower; and since her taking the whole of the subject de-
vised which was and is her choice, has been objected to, she must
be allowed to take, as devisee, to the full value of the dower which
she has reliquished, but no more. Burridge v. Bradyl, 1 P. Will.
127; Blower v. Morret, 2 Ves. 420; Darenliill v. Fletcher. Amb.
244; Heath v. Denby, 1 Suss. 543.

Therefore it is ordered, that the said Margaret Hall be, ami she
is hereby allowed one-seventh part of the proceeds of the real es-
tate in the proceedings mentioned, in bar and satisfaction of all
that portion of the real and personal estate devised to her by her
late husband, Joseph Hall, and which property so devised she
had elected to take in lieu of her dower.

306 * HANNAH K. CHASE'S CASE.

EQUITY PLEADING.— RECEIVERS.— RES ADJUDICATA.— DOWER.— ATTORNEY

AND CLIENT.

Where a matter, which is properly the subject of a petition, is brought be-
fore the Court in that form, the new facts therein set forth, which are
not denied by a written answer on oath, must be taken to be true.

The appointment of a receiver does not involve a determination of any
right; but it can only be made at the instance of a party who has an
acknowledged interest, or a strong presumptive title in himself alone,
or in common with others; and where the property itself, or its rents
and profits are in danger of being materially injured or totally lost, (a)

(a) Cited in Ellicott v. Ins. Co. 7 Gill, 320; Clark v. Ridgely, 1 Md. Ch. 71;
Furlong v. Edwards. 3 Md. 114; Blain v. Everttt, 36 Md. 82; Johns v. Hodges,
6 Md. 541. See Williamson v. Wilson, post, m. p. 418, note.