MANTZ VS. BUCHANAN. 207

agreed, that in the event of her surviving him, the debt should-
be satisfied out of the estate, before the claim for dower should
attach. The Chancellor then said :j

It seems not to be denied, and indeed the highest court in
this state is understood to have decided, that where lands are
sold to satisfy the lien of the vendor, and a surplus remains,
the wife is only entitled to an allowance out of such surplus,
but it is insisted, that her right is not to be thus restricted,
where the lien is of any other description. The act of assem-
bly, however, makes no discrimination between the lien of the
vendor and other liens. It says, "such right of dower shall not
operate to the prejudice of any claim for the purchase money of
such lands, or other lien on the same." This other lien, if by
the act of the husband without the concurrence of the wife,
must, it is said, have reference to liens created prior to the mar-
riage, and this it is thought is the sound construction. But if the
wife does concur, by uniting in the mortgage, or relinquishing
her dower, the lien must be attended with the same conse-
quences, as if created before the marriage, or residing in the
vendor for the security of the purchase money.

The legislature, it is supposed, intended to give the wife
dower only in the interest remaining in the husband, after satis-
fying the vendors' lien, or other lien existing prior to the mar-
riage, or created afterwards, with her concurrence; as, other-
wise, it is not difficult to imagine cases in which much preju-
dice might be inflicted upon creditors.

Suppose in this case there had been no surplus proceeds of
sale, after satisfying the mortgage debt, but the mortgagor had
owned other real estate which had been sold for the purpose of
paying general creditors, or for partition among the heirs;

would the widow have been entitled, out of the proceeds of such
sale, to receive not only her proportion of them but her pro-
portion of the proceeds of the mortgaged lands ? It could, I
think, hardly be contended.

Or could she, if she applied for an assignment of dower in
the other lands, have asked, that she should receive a share of