452 HIGH COURT OF CHANCERY.

CATHARINE BOWIE

vs. JULT TERM, 1849.
JOHN T. BERRY.

[DOWER.]

I

WHERE a husband alienes land in his lifetime, in which the wife refuses to re-
linquish her dower right, in assigning the wife a compensation in money in
lieu of her dower, the value of the land at the time of the death of the hus-
band is to be regarded, and not its value at the time of the alienation, unless
its increased value has arisen from the labor and money of the alienee.

The unproved value of the land, from which the widow is to be excluded in
the assignment of her dower, as against a purchaser from her husband, is
that which has arisen from the actual labor and money of the owner, and
not from that which has arisen from extrinsic or general causes.

Where the husband holds only the equitable title, and parts with it in his life-
time, the widow shall not be allowed dower.

[The bill in this case alleges, that the late Robert W. Bowie,
the husband of the complainant, on the 1st of September,
1832, and during the coverture, purchased a tract of land called
"Brookfield," and took a bond of conveyance therefor, with
condition to convey the legal title upon the payment of the pur-
chase money; and that, subsequently, on the 25th of Novem-
ber, 1843, the legal title, in fee, was conveyed to him, and the
bond and deed are filed as exhibits with the bill.

It further alleges, that some time in the year 1839, the said
Bowie, having previously sold and conveyed a small portion of
said land to another person, sold the residue thereof to the
defendant, John T. Berry, for about the sum of thirty thousand
dollars, and, as complainant is informed, executed to him a
bond of conveyance, with condition, upon the payment of the
purchase money, to convey him a title free of incumbrances ;

but the bill alleges that the complainant is ignorant of the con-
dition of the bond given by her husband, as she had always
refused to relinquish her right of dower in the land so sold to
Berry; and insisting that she is entitled to dower therein, the
bill prays that it may be assigned to her in the usual way, by
the decree of this court, or that said Berry may be compelled