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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1170   View pdf image (33K)
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1170 HUSBAND AND WIFE. [ART. 45

Md. 615; Frazee v. Frazee, 79 Md. 29; Hooper v. Callahan, 78 Mi 536; Baker
v. Keiser, 75 Md. 337; Davis v. Carroll, 71 Md. 571; Mitchell v. Farrish, 69
Md. 240; Schroeder v. Turner, 68 Md. 509; Wilmer v. Gaither, 68 Md. 344;
Maulsby v. Byers, 67 Md. 441; Duckett v. Jeuklns, 66 Md. 268; Smith v. State,
66 Md. 216; Wilderman v. Rogers, 66 Md. 129; Ahern v. Fink, 64 Md. 163;
Lowekamp v. Koechling, 64 Md. 96; Fowler v. Jacob, 62 Md. 331; Allers v.
Forbes, 59 Md. 376; Sturmfelsz v. Frickey, 43 Md. 571; Herbert v. Gray, 38
Md. 531; Hall v. Ecclestou, 37 Md. 521.

Generally.

For cases arising under article 45, section 7 of the codes of 1860 and 188S
(relative to a married woman engaging in business), see Samarzevosky v.
Baltimore City Pass. Ry. Co., 88 Md. 480; Baker v. Hedrich, 85 Md. 661;
Manning v. Carruthers, 83 Md. 9; Hoffman v. Shupp, 80 Md. 615; Wolf v.
Bauerels, 72 Md. 483; Poffenberger v. Poffenberger, 72 Md. 324; Neale v. Her-
manns, 65 Md. 475; Ahern v. Fink, 64 Md. 164 (dissenting opinion); Ahern
v. Fink, 64 Md. 163; Fowler v. Jacob, 62 Md. 331; Hoffman v. Reed, 57 Md.
373; Odend'hal v. Devliu, 48 Md. 444; Oswald v. Hoover, 43 Md. 370; Brad-
street v. Baer, 41 Md. 23; Six v. Shaner, 26 Md. 442; Davis v. Patton, 19 Md.
128; Bridges v. McKenna, 14 Md. 265; Crane v. Seymour, 3 Md. Ch. 483.

See sections 15 and 20.

As to the power of a married woman to make a will, see art. 93, sec. 335.

The period of limitations is not extended because the plaintiff is a mar-
ried woman—art. 57, sec. 7.

As to a married woman taking the benefit of our insolvent laws, see art.
47, sec. 35.

As to licenses to married women to sell spirituous liquors, and their crimi-
nal and civil responsibility therefor, see art. 56, sec. 39.

1904, art. 45, sec. 6. 1888, art. 45, sec. 5. 1860, art. 45, sec. 5. 1818, ch. 193,
sec. 10. 1898, ch. 457, sec. 6.

6. A widow shall be entitled to dower in lands held by equitable as
well as legal title in the husband at any time during the coverture,
whether held by him at the time of his death or not, but such right of
dower shall not operate to the prejudice of any claim for the purchase
money of such lands, or other lien on same.

Dower as affected by mortgages.

Where a widow joins with her husband in executing a mortgage and subse-
quently the latter makes a deed for the benefit of creditors and the property
is sold by his trustees, the widow is only entitled to dower in the surplus
after the mortgage debt is paid. if the property is redeemed by the pur-
chaser of the equity, the widow is only entitled to dower if she contributes
her proportion of the mortgage debt. Bank of Commerce v. Owens, 31 Md.
324. See also, Mantz v. Buchanan, 1 Md. Ch. 204.

The last clause of this section applied. The widow held dowable in the
surplus only. Glenii v. Clark, 53 Md. 604; Bllicott v. Welch, 2 Bl. 244. See
also, Miller v. Stump, 3 Gill, 304.

A widow who has joined with her husband in a mortgage has a right to
redeem the mortgage although there has been no assignment of dower. This
right is not affected by a second mortgage from the husband alone to the
mortgagee; nor need she pay the second mortgage. Hays v. Cretin, 102 Md.
702. See also, Mantz v. Buchanau, 1 Md. Ch. 204.

A widow may require the personal representative of her husband to apply
the personal estate to the extinguishment of a mortgage, so as to free her
dower. Mantz v. Buchauan, 1 Md. Ch. 204.

For cases (prior to the act of 1898) involving the question of whether a
mortgage.or other lien upon lands held by legal title was sufficiently a part
of the same transaction as the purchase, to defeat the wife's dower, see
Glenn v. Clark, 53 Md. 605; Rawlings v. Lowndes, 34 Md. 643.

Generally.

A married woman's inchoate right of dower is a mere chose in action.
Hence, she Is a stranger to the title (where her husband owns the land), and

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1170   View pdf image (33K)
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