562 INDEX.

DISCOVERY OF TITLE— Continued.

he has no such right, whether th« bill be for discovery only, or for
discovery and relief. Ib.
3. The title of the plaintiffs not appearing to be at all dependent upon, or

connected with, that of the defendant, the demurrer was ruled good. Ib.
DOWER.

1. A lease for ninety-nine years, renewable for ever, is a mere chattel in-
terest, and not an estate in lands from. which dower can be claimed.
Spongier vs. Spsagler, 36.

3. 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 any
issue the wife might have had might by possibility have been heir. Ib.

3. Leases containing covenants, on the part of the lessor to convey the fee
simple to the lessees, when requested so to do, cannot be made to
operate as a conveyance by (ease and release at common law, and the
estates which passed by such deeds of lease, were legal and not equit-
able estates; and consequently the act of 1818, ch. 193, extending the
dower right to lands, held by equitable title in the husband, has no ap-
plication. Ih.

4. If the widow die without demanding her dower, her executor cannot
recover the rents and profits, the cases having only gone to the extent
of entertaining a bill for the profits where the widow dies pending her
Dill for dower. Kiddall vs. TriMbIt, 144.

5. Whilst the suit for rents and profits was depending in a court of law,
the plaintiff voluntarily aliened the legal estate out of which the profits
sprung, and the direction of the court to the jury being generally "that
the plaintiff was not entitled to recover," it was HELD—
That the court may have been of opinion that, as the damages which
are given for the detention of dower are regarded as consequential
or accessory they could not be separately demanded. Ib.

6. Had the action at law been for the dower itself, instead of being for the
rents and profits of the land withheld from the widow, her alienation
pending that suit, would have been an effectual bar to her recovery.
Ib.

7. The title to the land itself must be first vindicated, before a claim for
the fruits can be admitted, and a bill for the rents and profits would be
premature until the dower itself is recovered. Ib.

8. There can be no doubt that a wife, notwithstanding she joins her hus-
band in a mortgage, may, nevertheless, take her dower in the land
subject to the mortgage, and that she has a right to redeem, and may
call upon the personal representatives of her deceased hugband to ap-
ply the personal assets to the extinguishment of the mortgage debt, so
as to free her dower from the incumbrance. Mants vs. Suchanan, 203.

9. It is equally clear, that if a wife, in Maryland, relinquishes her dower in
lands mortgaged by her husband upon private examination, according
to the acts of assembly upon the subject, and the lands are sold to sat-
isfy the mortgage debt, whatever may be her right to a proportion of
the proceeds of sale, she cannot, as against the purchaser, claim dower
in the land. Ib.