1698 ARTICLE 45.

if she contributes her proportion of mortgage debt. Bank of Commerce v. Owens,
31 Md. 324. See also Mantz v. Buchanan, 1 Md. Ch. 204.

Last clause of this section applied. The widow held dowable in surplus only.
Glenn v. Clark, 53 Md. 604; Eliicott 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
mortgage although there has been no assignment, of dower. This right is not
affected by a second mortgage from husband alone to mortgagee; nor need she
pay second mortgage. Hays v. Cretin, 102 Md. 702. See also Mantz v. Buchanan,
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. Buchanan, 1 Md. Ch. 204.

For cases (prior to act of 1898) involving question of whether a mortgage or
other lien upon lands held by legal title was sufficiently a part of same transaction
as purchase, to defeat 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 land), and her covenants in
a deed (prior to act of 1898) conveying 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. Act of 1818, ch. 193, sec. 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 act of 1898, ch. 457, wife was not entitled to dower in equitable estate
of her husband unless he died possessed thereof. Act of 1898, ch. 457, sec. 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 De-
posit 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 v. Stump, 3 Gill, 304; Purdy v. Purdy, 3 Md. Ch. 547;
Bowie v. 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 con-
veyance and then acquires legal title and subsequently dies, the purchase money
not having been paid, wife is entitled to dower. It may be that a different rule
would apply if contract to convey were made before dower had once attached.
Dower is regarded as a continuation of husband's estate, and there is no mesne
seisin. Where, however, a part of the money received by husband from vendee is
applied in part payment for land, this sum must be deducted from value of land
before dower is assigned. Improvements put upon land by vendee must also be
excluded in 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 adoption of this section and
property sold in husband's lifetime, the widow is not entitled to dower. This sec-
tion could not operate to prejudice of creditors and heirs who became such prior
to its enactment. Hopkins v. Frey, 2 Gill, 363. And see Stelle v. Carroll, 12 Pet. 211.

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

Widow is entitled in equity to her dower in lands conveyed to a third party in-
stead of to husband, with intent to defraud her. Rabbitt v. Gaither, 67 Md. 94.

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

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

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

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