KIDDALL VS. TRIMBLE. 143

Upon reading the terms and trusts of the deed, the whole
property conveyed, irrespective of the particular grantor in
whom the title may have previously been, appears to have been
intended to constitute one common fund, for the satisfaction of
all the debts designed to be secured; and I am, therefore, of
opinion, that the contribution among the vendees must be sim-
ply, "in proportion to the value of the land conveyed to each
respectively, without regard to the original source of the title,"
that is, to whether it was the property of Abraham Barnes, or
either of the Masons, and that the value must be ascertained
from the proofs now in the cause, and such further proofs as
may be hereafter introduced by the parties.

There must also be a decree for an account against the sur-
viving trustee, (William Price; D. G. Yost having died before
the bill was filed in the cause.)

[So much of this decree as relates to John H. Thomas was
affirmed on appeal. The Court of Appeals differed from the
Chancellor on the question of contribution, and upon the appeal
by Doub, the decree was, in part, affirmed, and the cause re-
manded.]

ELIZA M. KIDDALL

vs.

WILLIAM TRIMBLE, SUR- DECEMBER TERM, 1847.
VIVING EXECUTOR OF

JANE JACOB. J

[DOWER—MESNE PROFITS—JURISDICTION—LIMITATIONS.]

THERE can be no doubt, that when the husband died seized, a court of law has full
power to compensate the widow in damages for the detention of her dower.

But a court of equity, alone, has power to give the widow damages for the de-
tention other dower as against the alienee of the husband.

The jurisdiction of courts of equity, in cases of dower, is concurrent with that
of courts of law; and if the legal title to dower be admitted or settled, equity
will proceed to the assignment of the dower, and will also compensate the
widow in damages for its detention.