HANNAH K. CHASE'S CASE.—1 BLAND. 213

been ever so much reduced in value, Chase could have recovered
nothing of Bryden. The contract is, therefore, utterly destitute
of that mutuality always incident and necessarily belonging to a
mortgage of any description. Tasburgh v. Echlin, Poiv. Mort.
133; Thornborough \. Baker, 3 Swan. 631; Goodman v. Grierson,
2 Bal. & Bea. 279; Robertson v. Campbell, 2 Call. 421; Roberts v.
C'ocke, 1 Band. 321. But it appears, by the lease from Chase to
Brydeu, that this contract wras, notwithstanding the bond, re-
garded as an absolute sale with a condition to re-purchase, and
nothing more, by Bryden himself; for, he obtained and accepted a
relinquishmeut of the right of dower of the wife of Chase. And
it appears, from the proposals of Samuel Chase one of these de-
fendants, made on the 2nd of April, 1811, that he also, then con-
sidered the contract as an absolute sale: for, he speaks of this
plaintiff's then existing right of dower.

Upon the whole I am satisfied, that the late Samuel Chase was
seized of an estate in fee simple in this property, of which the
plaintiff, as his widow, is entitled to dower.

The next inquiry is, as to the extent of the recovery. Some of
the authorities cited in reference to this branch of the case, re-
lated exclusively to the modern creatures of equity, called terms
attendant upon the inheritance, which were not clearly recognized
and defined in England until about the year 1670; and which have,
so tar as I can learn, never been introduced into this State, and
are not likely to become fashionable among us. The equitable
principles * in relation to these attendant terms, and the
distinctions between them and in legal terms in gross are
entirely foreign from the present subject of consideration.

The lease from Chase to Brydeu created a legal term in gross;
and the rent reserved was an annual rent service. It is to this
particular estate which the acknowledgment of the plaintiff refers.
Suppose the late Samuel Chase had, previously to his marriage
with the plaintiff, executed such a lease as this to Brydeu. How
would the plaintiff's claim of dower have been affected? It is
clear, that a woman may be endowed of a rent service, rent charge
or rent seek. And, to use the words of the most accurate and
profound of the English lawyers, " If the husband maketh a lease
for years, reserving rent, and taketh wife, the husband dieth, the
wife shall be endowed of the third part of the reversion by metes
and bounds, together with the third part of the rent, and execu-
tion shall not cease during the years." Co. Litt. 32, A. But if a
particular estate for years be carved out of the inheritance, prior
to the marriage, without the reservation of any rent whatever,
then the widow can only recover her dower in the reversion, with
a, cesset executio during the term. Pow. Mort. 687, note P. Hence
it is certain, that, if this lease to Bryden had been made prior to
the marriage, this widow would have been entitled to dower in