HUSBAND AND WIFE. 1697

tion show conditions existing to bring suit under such section. There was no such
section covering a suit for personal services to a married woman, and she herself
being not liable, neither was her estate. Davis v. Carroll, 71 Md. 568. See also
Frazee v. Frazee, 79 Md. 29.

Independent of act of 1898, husband should be made a co-defendant with wife in
bill to enforce a mechanics' lien against her property. Clark v. Boarman, 89 Md.
430. And see Linthicum v. Polk, 93 Md. 96.

For cases involving act of 1872, ch. 270 (sec. 2 of art. 45, of Code of 1888), with
reference to wife being sued jointly with her husband, etc., see Wolfe v. Murray,
96 Md. 730; Western Bank v. Union Bank, 91 Md. 621; Taylor v. Welslager, 90
Md. 416; Taylor v. Welslager, 90 Md. 411; Harvard Publishing Co. v. Benjamin,
84 Md. 338; Klecka v. Ziegler, 81 Md. 484; Frederick Institution v. Michael, 81
Md. 499; Hoffman v. Shupp, 80 Md. 615; Frazee v. Frazee, 79 Md. 29; Hooper v.
Callahan, 78 Md. 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. Jenkins, .66 Md.
268; Smith v. State, 66 Md. 216; Wilderman v. Eogers, 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. Eccleston, 37 Md. 521.

Generally.

Under this section and sec. 20, a married woman in Maryland may sue for the
recovery or protection of her property either at law or in equity, and may be sued
separately upon her contracts; she may sue or be sued by her husband. Cochrane v.
Cochrane, 139 Md. 533.

This section referred to in deciding that alimony pendente lite would not be
allowed where wife had ample means of her own, and though it is primarily the
duty of the father to support infant children. Hood v. Hood, 138 Md. 358.

This section referred to in construing art. 56, secs. 42 and 43-—see notes to sec. 43.
Crew Levick Co. v. Hull, 125 Md. 10.

For cases arising under art. 45, sec. 7 of the Codes of 1860 and 1888 (relative to
a married woman engaging in business), see Samarzevosky v. Baltimore City Pass.
Ey. Co., 88 Md. 480; Baker v. Hedrich, 85 Md. 661; Manning v. Carruthers, 83
Md. 9; Hoffman v. Shupp, 80 Md. 615; Wolf v. Bauereis, 72 Md. 483; Poffenberger
v. Poffenberger, 72 Md. 324; Neale v. Hermanns, 65 Md. 475; Ahern v. Fink, 64
Md. 164 (dissenting opinion); Ahem v. Fink, 64 Md. 163; Fowler v. Jacob, 62
Md. 331; Hoffman v. Reed, 57 Md. 373; Odend'hal v. Devlin, 48 Md. 444; Oswald v.
Hoover, 43 Md. 370; Bradstreet 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 secs. 15 and 20 and notes to sec. 21.

Married women are entitled to letters testamentary or of administration as
though unmarried—art. 93, sec. 59.

As to the power of a married woman to make a will, see art. 93, sec. 345.

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

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

As to licenses to married women to sell spirituous liquors, and their criminal
and civil responsibility therefor, see art. 56, sec. 43.

An. Code, sec. 6. 1904, sec. 6. 1888, 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 subsequently
latter makes a deed for benefit of creditors and property is sold by his trustees,
the widow is only entitled to dower in the surplus after mortgage debt is paid. If
property is redeemed by purchaser of the equity, widow is only entitled to dower

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