564 INDEX.

DOWER— Continued.

21. The interest of the widow is a continuation of the seizin of her hus-
band, the seizin of the heir being defeated ab initio the moment the
certainty of the estate to be held by her is ascertained by assignment.
Childs vs. Smith, 483.

22. The commissioners divided an estate into eight parts, and assigned a
third of each division to the widow as her dower. One lot consisted
almost entirely of wood, the others of arable land. HELD—That the
widow was not bound to use each parcel, as if her husband had died
seized only of the one lot, to which such parcel belonged, but might
take from the wood lot, fuel and timber for the use of the cultivated
lands. Ib.

See JURISDICTION, 2, 3, 13.
LAPSE OF TIME, 4.
LIMITATIONS, STATUTE OF, 4.
PARTNERSHIP AND PARTNERS, 2.
ELECTION.

1. The degree of intention necessary to raise a case of election must plain-
ly appear upon the face of the will, but the court is not to disregard
what amounts to a moral certainty of the intention of the testator.
Waters vs. Howard, 112.

2. Where the administratrix of a deceased partner filed a bill against the
surviving partners, alleging that the business of the partnership had
been carried on under the old name, and large profits made, and praying
that her intestate's share of such profits might be paid over to her as •*" .
administratrix, it was HELD—That by such a proceeding she had
elected to claim profits and not interest, and that a party cannot claim
profits for one period and interest for another. Goodbum and wife vs.
Stevens et at., 430.

See EVIDENCE, 4.

EMINENT DOMAIN.

See CONSTITUTIONAL LAW, 5 to 10.

ENROLLMENT OF DECREE, f
See PRACTICE IN CHANCERY, 1, 38.

EQUITY AND EQUITABLE DEFENCE.

1. The defendants conveyed by deed a large amount of real and personal
property to trustees, in trust to sell the same, and out of the proceeds
to pay the claims of their creditors, without priority or preference, ex-
cept as the same might exist at law. The trustees in execution of
their trust, sold parcels thereof to the complainant and others. At
the time this deed was executed, there were unsatisfied judgments to
a large amount against the grantors, upon some of which, writs of
scire facias were issued, and fiats rendered against the original defend-
ants in the judgments, and the terretenants, the purchasers, from the
trustees, and upon these fiats writs of fieri facias were issued and laid
upon the lands purchased by complainant. Upon a bill to restrain
proceedings upon these executions, it was HELD—