MARGARET HALL'S CASE. 203

15th November, 1825.—BLAND, Chancellor.—If the plaintiff
fails to proceed against the defendant John F. Gittings, for the
purpose of compelling him to appear and answer, or of having the
bill, as against him, taken pro confesso, or to cause publication to
be made against him, as an absent defendant, on or before the tenth
day of the next term, then the other defendants may again move,
according to the usual course, to have the injunction dissolved.

After which the plaintiff, with the leave of the court, so amended
her bill as to state, that the defendant Gittings was a nonresident;
and, on the 1st of February, 1826, obtained an order of publication
against him in the usual form. On the 27th September, 1826, the
defendant Gittings filed his answer, after which the motion to
dissolve was renewed.

3d March, 1827.—BLAND, Chancellor.—This case having been
submitted on the motion to dissolve the injunction, and all the
defendants having now so answered, as completely to remove
every ground of equity set forth in the bill, it is Ordered, that the
injunction heretofore granted be and the same is hereby annulled
and dissolved.

MARGARET HALL'S CASE.

A widow, who elects to take the estate devised to her, in lieu of dower, is to be
deemed a purchaser for a fair consideration to the value of her dower, and must
have her claim sustained as a lien, to that extent, in preference to creditors.

This case arose upon a creditor's bill, filed on the 5th of October,

1825. by George Mackubin and Margaret Hall, the widow and
executrix of Joseph Hall, deceased, against his devisees, Samuel
Matthews, and others; alleging, that his personal property was
insufficient to pay his debts, and praying, that his real estate might
be sold for that purpose. A decree was passed on the 30th of June,

1826. for the sale of the realty accordingly; and the trustee reported
that he had made sale of a part of it, which was finally ratified on
the 1st of March, 1827.

On the first of March, 1827, the plaintiff, Margaret, by her
petition stated, that her late husband had, by his last will, devised
to her a large portion of his estate, to hold a part during her life,