SPANGLER AND CARROLL VS. STANLER. 39

nant, will be regarded as conveyances of the absolute estate.
There is no doubt of the existence of such a doctrine in courts
of equity but the question is, what was it which was agreed to
be done by these deeds. Why merely that the grantor, when
requested by the grantees, their heirs and assigns, and at their
cost and charge, would execute and deliver them deeds in fee
simple. There is no allegation, or proof, that such request ever
was made at any time, and the attempt is, by this equitable
principle, adopted to advance the purpose of justice, in the case
to which it is applicable, to make these parties, long, after their
deaths, take estates, which they never demanded, or wanted,
when alive.

The 10th section of the act of 1818, chap., 193, which de-
clares, that widows shall have dower in lands held by equitable
title in the husbands, is cited, for the purpose of showing that
Catharine Spangler, one of the complainants, is so entitled, it
appearing that her husband did not alien the land until the year
1821, it being supposed that the title of her husband, if not a
legal was certainly an equitable one.

The Chancellor thinks, however, that the estates, whatever
they were, which passed by the deeds, were legal, and not
equitable, estates, and consequently that the act of l8l8, extend-
ing the dower right to lands held by equitable title in the hus-
bands, has no application: and so according to the views already
expressed, that this estate was leasehold simply, the relief prayed
by the bills must be denied.

It is true, the claim to dower is a favored one, but it must be
recollected in these cases, that it is set up against alienees for
a valuable consideration, one of whom purchased from the per-
sonal representative of a preceding alienee, and that the estate
out of which the dower is claimed, has 'been regarded as one,
with which the heir at law had no concern.

The Chancellor, upon the best reflection he can give the sub-
ject, is of opinion that no relief can be granted upon these bills,
and that they must be dismissed.

[No appeal was taken from this decree.]