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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 36   View pdf image (33K)
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36 HIGH COURT OF CHANCERY.

Auditor, for the purpose of stating an account, showing the
precise amount which may be due the complainant, on account
of the proceeds of the policy received by McConkey, and what
surplus may remain in his hands, of the other securities assign-
ed him by Thomas P. Harrison, which will be payable to his
administrator. It is thereupon ordered, this 29th day of Sep-
tember, 1847, that this case be, and the same is hereby referred
to the Auditor, with directions to state an account, in conform-
ity with the views hereinbefore expressed, and such other ac-
counts as the nature of the case may require.

[No appeal was taken from this order.]

CATHARINE SPANGLER

vs.
JOHN STANLER.

and MARCH TERM, 1847.

ELIZABETH CARROLL

vs.
SAME.

[DOWER—ACT OF 1818, CH. 193.]

A LEASE of lands for ninety-nine years, renewable forever, is a mere chattel in-
terest, and not an estate in lands, from which dower can be claimed.

To make out a claim for dower, it is necessary to show that the husband was
seized of an estate of inheritance, during coverture, of Which wy issue the
wife might have had, might by possibility have been heir.

Leases containing covenants, on the part of the lessor, to convey the fee sim-
ple to the lessees, when requested so to do, cannot be made to operate as a
conveyance by (ease and release at common law.

The estates which passed by such deeds of lease were legal and not equitable
estates; and, consequently, the act of 1818, ch. 193, extending the dower
right to lands, held by equitable title in the husband, has no application.

[The question involved in this case was, whether the com-
plainants were dowable out of lands held by their respective
husbands, under leases for ninety-nine years, renewable forever,



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 36   View pdf image (33K)
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