204 HIGH COURT OF CHANCERY.

And the second was, whether, if not so precluded, she was
entitled to a proportion of the entire net proceeds of the sale reg-
ulated by the chancery sale, provided her claim did not affect
the mortgage debt, or only to a proportion of the surplus, after
satisfying that lien.

To the first of these the Chancellor said :]

THE CHANCELLOR:

It has been argued by the solicitor of the judgment creditor,
that Mrs. Buchanan, by the proceeding in Washington County
Court, assigning her dower in these lands, has made her election
to take in that form, and that she cannot now claim any part of
the purchase money. There can be no doubt that a wife, not-
withstanding she joins her husband in the mortgage, may never-
theless take her dower in the lands, subject to the mortgage,
and that she has a right to redeem and may call on the personal
representatives of her deceased husband, to apply the personal
assets to the extinguishment of the mortgage debt, so as to free
her dower from the incumbrance. 4 .Kent's Com., 44; 2 Powell
on Mortgages, 701.

But, it is equally clear, that if a wife, in Maryland, relin-
quishes her dower in lands mortgaged by the husband, upon
privy examination, according to the acts of assembly .upon the
subject, and the lands are sold to satisfy the mortgage debt,
whatever the right of the wife may be, to a proportion of the
proceeds of the sale, she cannot, as against the purchaser, claim
dower in the land. The principles settled by the Supreme
Court of the United States, in the case of Stelle vs. Carroll, 12
Peters, 201, are considered as conclusively establishing this
proposition. And such is also shown to be the law in New
York, and in several other states, in 4 -Kent, 44.

It follows, therefore, that notwithstanding the widow of the
mortgagor in this case had received an assignment other dower
in the lands by a court of competent jurisdiction, the subse-
quent sale under a decree to satisfy the mortgage debt, has
effectually deprived her of the benefit of the assignment, and
that unless she is entitled to a proportion of the purchase money,
she can get nothing.