CHANCERY. 453
An. Code, sec. 41. 1904, sec. 40. 1888, sec. 40. 1842, ch. 198, sec. 2.
42. The admission of a respondent, of the facts charged in a bill for
divorce, who consents to the application, shall not be taken of itself as con-
clusive proof of the facts charged, as the ground of the application.
This section is a legislative recognition of the principle that the state has a
peculiar interest in the maintenance of the marriage ties. Fisher v. Fisher, 95
Md. 319.
Testimony of plaintiff in divorce cases must be corroborated—art. 35, sec. 4.
Dower.
An. Code, sec. 42. 1904, sec. 41. 1888, sec. 41. 1840, ch. 98.
43. The several courts of equity shall have full concurrent jurisdiction
with the courts of law in all claims for dower, and shall have power to try
all questions of law which may arise in such cases, and give as full relief
in any case as the plaintiff could have obtained heretofore, in either a court
of equity or a court of law, or in both courts.
Equity courts are authorized by this section to proceed according to their usual
course, and to finally adjudicate claims for dower according to equitable principles.
Interest on arrears of dower. Costs in the assignment of dower. Grove v. Todd,
45 Md. 257; Naill v. Maurer, 25 Md. 540.
Creditors cannot take in execution the widow's right of dower in her deceased
husband's lands before such dower has been assigned, nor will equity grant relief.
Harper v. Clayton, 84 Md. 346.
For a case involving the validity of a marriage as affecting the claim to dower,
see Brooke v. Brooke, 60 Md. 524.
For cases involving the jurisdiction of equity relative to dower and rents and
profits prior to the adoption of this section, see Kiddall v. Trimble, 8 Gill, 207;
Hopkins v. Frey, 2 Gill, 359; Kiddall v. Trimble, 1 Md. Ch. 145; Wells v. Beall,
2 G. & J. 468.
As to dower, see also art. 45, sec. 6, et seq.; art. 46, sec. 37, et seq.; and art. 93,
sec. 310, et seq.
An. Code, sec. 43. 1904, sec. 42. 1888, sec. 42. 1832, ch. 302, sec. 7.
44. Where any infant feme covert shall, in respect of her dower, unite
with her husband in any conveyance or lease, executed and acknowledged
in form for passing feme covert's real estate, of any lands, tenements or
hereditaments, and the courts of equity of this State shall, as concerns such
feme covert's dower, deem such conveyance or lease equitable, expedient or
proper, the said court, on application by any of the parties interested, and
on proper parties defendants being made, may, according to the rules of
equity, proceed to adjudge and decree that such conveyance or lease be con-
firmed and made valid from the time of execution of the same, to every
effect, intent and purpose, as if the feme covert at the said execution were
of the full age of twenty-one years.
This section held not to be retrospective in its operation. This section does not
confer power upon the court to ratify the mortgage of a feme covert infant, after
she is of age and against her consent. Intent of this section. Glenn v. Clarke, 53
Md. 600.
An. Code, sec. 44. 1904, sec. 43. 1888, sec. 43. 1799, ch. 49, sec. 6. 1816, ch. 154, sec. 10.
1818, ch. 193, sec. 8. 1819, ch. 183. 1820, ch. 191, sec. 28.
45. In all cases where lands and tenements are to be sold under a decree,
and the widow who is entitled to dower in such lands will consent in writing
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