206 HIGH COURT OF CHANCERY.

When dower is assigned the widow by the heir, or by the
sheriff, on a recovery against the heir, there is an implied war-
ranty, and if the tenant in dower is impleaded by one having a
paramount title, she may vouch, and recover against the heir, a
third part of the two remaining parts of the land, of which she
is dowable. Park on Dower, 275.

The rule then in the case of jointures made after the marriage,
and dower is the same, and if, in either case, the widow is law-
fully evicted, she has a right to be provided for out of the re-
maining estate of the husband; and when it is apparent from
the record, as in this case, that the land assigned the widow as
dower, has been passed to the third party by the act of the
court, and it has a fund under its control, out of which she may
be compensated, it would certainly seem equitable, that it should
be applied to that object.

I am, therefore, of opinion, that Mrs. Buchanan is not pre-
cluded by the proceedings in the Washington County Court
from claiming a proportion of the purchase money of these
lands.

[As to the second question, the Chancellor said, the practice
of the court had been, to allow widows a proportion of the en-
tire net proceeds of sale, where it could be done without preju-
dice to the party claiming the original purchase money, or to
the holder of other liens contemplated by the law; but that
the question had never been deliberately considered, on argu-
ment, by his predecessors. He said that, in many of the states,
including Maryland, a wife joining her husband in a mortgage,
would, at his death, be entitled to dower, subject to the mort-
gage, notwithstanding a release by him, of the equity of re-
demption. 4 .Kent, 44; 7'aSele vs. Tabele, 1 Johns. Ch. Rep.,
45; Titus vs. Neilson, 6 Johns. Ch. Rep. 452.

But that, such claim was confined to the equity of redemp-
tion. Swain vs. Ferine, 5 Johns. Ch. Rep., 482; 4 .Kent, 39.

He said also, that this equity was represented by the surplus
remaining after satisfaction of the mortgage debt; and that
Mrs. Bucbanan, by joining in the mortgage with her husband,