ESTEP v. WATKINS.— 1 BLAND. 459

*ESTEP v. WATKINS. 486
RELIEF AGAINST DOWER.—EQUITY PLEADING.

A purchased of B a tract of land, the legal title to be conveyed when the
purchase money was paid; for which he gave his bond; after which B
died, and his widow had her dower in the land. Held, that A was enti-
tled to a deduction from his bond to the amount of the value of the
•widow's dower.

When a case is set down for final hearing on bill and answer, without repli-
cation, all the facts set forth in the answer are taken to be true, (a)

Every decree stands for what it purports to be until regularly revised or re-
versed. (&)

The case, as set forth in the bill, must, at the final hearing, appear to be such
an one as falls within the jurisdiction of a Court of Chancery, (c)

The assignee of a bond takes it subject to all equities, whether he has notice
of them or not.

This bill was filed on the 21st of December, 1827, by Rezin Estep,
against Rachel H. Watkins, Benjamin Watkins, and John Claytor.

It is stated in the bill, that Charles D. Hodges, being seized of
certain parcels of land, by his bond with a collateral condition,
contracted, in consideration of the sum of $3,000 to convey them
to this plaintiff, who to secure the payment of that amount as the
purchase money, gave his bond to Hodges, who assigned it to
Benjamin Hodges, who assigned it to Nicholas Watkins of Thomas,
to whom this plaintiff made assignments of sundry bonds and notes
which he Watkins received as payment of this plaintiff's bond:
that afterwards Charles D. Hodges died intestate, leaving a widow
Elizabeth who was entitled to dower in the lands, and six children,
Elizabeth the wife of John Randall, Mary Ann, Lucinda, Margaret,
Ellen, and Charles, his heirs-at-law; that the widow married this
defendant Claytor; that this plaintiff on the 15th of February, 1815,
filed his bill in this Court against this widow with her husband
Claytor, and these heirs, with Benjamin Hodges and Nicholas
Watkius of Thomas, to obtain a title to the lands he had so pur-
chased, which bill the defendants thereto answered; and the case
having been submitted, it was on the 22nd of May, 1815, decreed,
that this plaintiff should pay two-thirteenth parts of three thou-
sand dollars to John Claytor and Elizabeth his wife in lieu oi her
dower in those lands; and, on payment, by this plaintiff, to Nicho-
las Watkins of Thomas, of the balance appearing to be due on this
plaintiff's bond, after deducting the two-thirteenth parts allowed

(a) Cited in Warren v. Twilley, 10 Md. 48.
(6) Cited in Pfelz v. Pfelz, 1 Md. Ch. 457.
(c) See Iglehart v. Armiger, post, 519.