ART. 45] DOWEE. 1171

her covenants in a deed (prior to the act of 1898) conveying the land, do not
run with the land. Her deed operates only by way of estoppel or release.
Pyle v. Gross, 92 Md. 134.

The right of dower Is favored in the law. The act of 1818, ch. 193, section
10, construed. A widow is entitled to dower in an equitable estate, however
created, provided it does not prejudice liens attached before the marriage or
subsequently with her consent. The words, "other liens," refer to liens so
created. Lynn v. Gephart, 27 Md. 566. See also, Bowie v. Berry, 3 Md. Ch.
363; Mantz v. Buchanan, 1 Md. Ch. 208.

Prior to the act of 1898, ch. 457, the wife was not entitled to dower in the
equitable estate of her husband unless he died possessed thereof. The act
of 1898, ch. 457, section 6, will not be given a retroactive effect so as to affect
marriages solemnized and property acquired prior to such act. Slingluff v.
Hubner, 101 Md. 657. See also, Safe Deposit Co. v. Gittings, 103 Md. 496:
Harris v. Whiteley, 98 Md. 441; Rabbitt v. Gaither, 67 Md. 98; Glenn v.
Clark, 53 Md. 604; Bank of Commerce v. Owens, 31 Md. 324; note (a) to
Miller 17. Stump, 3 Gill, 304; Purdy 17. Purdy, 3 Md. Ch. 547; Bowie 17. Berry,
3 Md. Ch. 361; Bowie v. Berry, 1 Md. Ch. 452.

Where a husband who holds an equitable title to land executes a bond of
conveyance and then acquires the legal title and subsequently dies, the pur-
chase money not having been paid, the wile is entitled to dower. It may be
that a different rule would apply if the contract to convey were made before
dower had once attached. Dower is regarded as a continuation of the hus-
band's estate, and there is no mesne seisin. Where, however, a part of the
money received by the husband from the vendee is applied in part payment
for the land, this sum must be deducted from the value of the land before
dower is assigned. Improvements put upon the land by the vendee must
also be excluded in the assignment of dower. Bowie v. Berry, 3 Md. Ch. 361.
And see Bowie v. Berry, 1 Md. Ch. 452.

Where the equitable title was mortgaged prior to the adoption of this sec-
tion and the property sold in the husband's lifetime, the widow is not entitled
to dower. This section could not operate to the prejudice of creditors and
heirs who became such prior to its enactment. Hopkius v. Frey, 2 Gill, 363.
And see Stelle v. Carroll, 12 Pet. 211.

Where a husband has an equitable interest in land subject to the payment
of certain sums, a judgment subsequently obtained is subordinate to the
wife's dower, though the latter is subordinate to the purchase money of the
land and to the money secured by the deed creating the equitable interest.
Steuart v. Beard, 4 Md. Ch. 321.

A widow is entitled in equity to her dower in lands conveyed to a third
party instead of to the husband, with intent to defraud her. Rabbitt v. Gai-
ther, 67 Md. 94.

In assigning dower, the land is valued as of the time of the husband's
death, and not as of the time of a prior conveyance of the land without the
wife's consent, unless the Increased value arose from the labor and money
of the purchaser. Bowie v. Berry, 1 Md. Ch. 454.

What kind of lands a widow is dowable in. The act of 1818, ch. 193, sec-
tion 10, held to have no application. Spangler v. Stanler, 1 Md. Ch. 37. And
see Marbury v. Brieu, 15 Pet. 38.

Cited but not construed in Vogel v. Turut, 110 Md. 201.

As to how dower may be relinquished, see sec. 12.

See art. 16, sec. 42, ct seq.; art. 46, sec. 23; and art. 93, sec. 120, et seq., and
sec. 301, et seq.

As to the assignment of dower and a sale of the land with the widow's
consent, see art. 46, sections 62 and 63.

1904, art. 45, sec. 7. lcS9S, ch. 457. sec. 7. 1904, ch. 151.
7. Every husband shall acquire, by virtue of his marriage an estate
tor his life in one-third of the lands held or owned by his wife at any
time during the marriage, whether by legal or equitable title, or whether
held by her at the time of her death or not, but such estate shall not
operate to the prejudice of any claim for the purchase money of such
lands, or other lien on the same; nor shall any conveyance of such lands