214 HANNAH K. CHASE'S CASE.—1 BLAND.

the reversion, and in the rent immediately from the death of her
husband.

The question then resolves itself into this: has the plaintiff's
acknowledgment placed her in the same, or in a different situation
from that she would have been in. had the lease to Bryden been
made before her marriage''. At one time, an opinion prevailed,
that a feme covert could, in no way, bar or divest herself of her
right of dower during her coverture. But, we are told, there can now
be no question, that if the husband and wife levy a fine, the wife
is barred for two reasons. First, Because the intermarriage and
seisin are the fundamental causes of dower, and the death of the
husband but as an execution thereof. Secondly. Because all those
who have estate, or title, or claim, join in the assurance; and.
therefore, in such case, if the husband and wife had made a lease
rendering rent to the husband and his heirs, and afterwards the
wife recovers dower, she shall hold it charged with the term;
since it is a maxim, that all lands in fee simple may be charged
in one way or other. But in such case, as where the land had been
* thus charged before marriage, the wife would be dowable
228 of the reversion and the rent. Co. Liit. 343; Lampet's Case.
10 Co. 49. So, if the husband and wife join in levying a fine to
effect a mortgage, and nothing more, the wife's interest will be
affected to the extent of the mortgage, and no further. She will
have a right to redeem, and may call on the personal representa-
tives of her deceased husband to discharge the mortgage debt out
of his personal estate, so as to free her dower from all mcumbrauce.
Pow: Mort. 677, note I).

It may be regarded as a rule, that the interest of a feme covert,
who joins in levying a fine, will be affected no further than accord-
ing to the express intention of the fine. Hence, if its only object
be to improve the title and give additional security to the lessee
for years, or mortgagee, her rights will be impaired in no respect
not necessary for that purpose, and she will be allowed to take her
dower in like manner as if such lease or mortgage had been made
before the marriage.

To prevent the creation of perpetuities, it is laid down as a
general rule of law in England, that all lands may be charged or
aliened in one way or other. The mode of conveyance must be
adapted to the nature of the case; but, if the proper method be
pursued, the alienation may, in most cases, be made effectual what-
ever may be the nature of the estate or interest of the grantor. If
it be an estate tail, it may be barred by a fine or common recovery;
or if, by reason of the peculiar nature of the estate, a fine cannot
be levied, or a common recovery had, then a deed or common con-
veyance will be sufficient. Otway v. Hudson, 2 Vern. 584; Moore
v. Moore, 2 Ves. 601; Everall v. Smalley, 1 Wils. 26. And in all
cases, a feme covert, if she be of full age, may alien her fee simple