228 HANNAH K. CHASED CASE.

thus charged before marriage, the wife would be dow^ble of
reversion and the rent;(r) so, if the husband and wife join in
levying a fine to effect a mortgage, and nothing more, the wife's
interest will be affected to the extent of the mortgage, and no
further. She will have a right to redeem, and may call on the
personal representatives of her deceased husband to discharge the
mortgage debt out of his personal estate, so as to free her dower
from all incumbrance.(s)

It may be regarded as a rule, that the interest of a feme covert,
who joins in levying a fine, will be affected no further than according
to the express intention of the fine. Hence, if its only object be
to improve the title and give additional security to the lessee for
years, or mortgagee, her rights will be impaired in no respect not
necessary for that purpose, and she will be allowed to take her
dower in like manner as if such lease or mortgage had been made
before the marriage.

To prevent the creation of perpetuities, it is laid down as a
general rule of law in England, that all lands may be charged or
aliened in one way or other.* The mode of conveyance must be
adapted to the nature of the case; but, if the proper method be
pursued, the alienation may, in most cases, be made effectual
whatever may be the nature of the estate or interest of the grantor.
If it be an estate tail, it may be barred by a fine or common
recovery; or if, by reason of the peculiar nature of the estate,
a fine cannot be levied, or a common recovery had, then a deed
or common conveyance will be sufficient.(t) And in all cases,
a feme covert, if she be of full age, may alien her fee simple
estate, or relinquish her claim to dower by means of a fine. Fines
were always binding upon married women; though it was thought
proper to make them liable to examination by a statute of the year
1290;(u) but it was not merely by the examination that the fine
had its efficacy.(v) The mode of conveyance by fine is couched
in the form of a suit upon an agreement; as to which the wife is
examined by the judges of the court apart from her husband, so that
it may appear to them, that she perfectly understands what she is
about to do, and freely gives her consent to it; and if they doubt
of her age, they may examine her upon oath, before they pronounce

(r) Co. Litt 343; Lampet's case, 10 Co. 49.-~(s) Pow Mort. 677, note D.
(t) Otway v. Hudson, 2 Vern. 584; Moore v. Moore, 2 Ves. 601; Everall v. Smalley,
1 Wils.260--(U) 18 Ed, 1, stat 4; Kilt Rep. 140.—(v) Richards v. Chambers,
10 Ves. 587,