ART. 65. ] PROCEEDINGS IN EQUITY.
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651
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said deed or bill of sale, as the case may require; and the order of
the said court, passed in the premises, directing the said acknowl-
edgment to be made as aforesaid, shall operate in the same manner
and to the same extent, from the date of the said order, as if the
said party ordered as aforesaid to acknowledge or re-acknowledge
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Order of court.
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the said deed or bill of sale, had thereupon so done; provided,
however, that the rights of any person who shall not be a party to
said proceedings, as aforesaid, shall not he in anywise affected by said
order.
EQUITABLE JURISDICTION OVER DOWER.
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Proviso.
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104. 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 complainant could
have obtained heretofore, in either a court of equity or a court of
law, or in both courts.
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Art 16, c 30
1840, c 98.
Courts of
equity, concur-
rent jurisdic-
tion in dower
22 Md 359, 25
Md 532, 31 Md
320, 34 Md 639,
36 Md 29, 45
Md 252, 2 Gill
339
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105. 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
confirmed and made valid from the time of execution of the same,
to effect, intent and purpose, as if the feme covert at the said exe-
cution were of the full age of twenty-one years.
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Id s 31
1832, c 302, s 7
Conveyance by
intuit of dower,
how confirmed
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106. 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 to the sale of the entire estate therein,
the court shall order the same to be sold free from any claim of
dower, and allow the widow such portion of the net proceeds of
sale as may be just and equitable, not exceeding one-seventh nor
less than one-tenth, according to the age, health, and condition of
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Id s 32
1709, c 49, s 6,
181b, c 154, s 10,
1818, c 193, s 8,
1819, c 183,
1820, c 191, s 28
Allowance on
sales in lieu of
dower
22 Md 42,
38 Md 284,
3 Bl 186, 282.
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such widow.
107. In all suits by joint owners to sell lands, the court may
decree a sale free from the claim of dower by the wife of any of the
parties.
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Id s 33
1839, c 23
Lands held by
joint owners
may be sold free
of dower
10 Md 39
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108. Where there is a decree for the sale of lands, and a widow
is entitled to dower therein and will not consent to a sale of her
dower, the court may, if it appears advantageous to the parties, ap-
point five commissioners to assign and lay off the dower of such
widow, subject to the confirmation or i ejection by the court.
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Id s 34
1816 c 154, s 11
1820, c 191, s 27.
Assignment,
where widow
will not consent
to sale
17 Md 231.
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