388 CHANCERY. [ART. 16
Dower.
1888, art. 16, sec 41. 1860, art. 16, sec. 30. 1840, ch. 98.
41. 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.
Wells v. Beall, 2 G. & J. 468. Kiddall v. Tnmble, 1 Md. Ch. 145. Hopkins
v. Frey, 2 Gill, 359. Kiddall v. Trimble, 8 Gill, 207. Naill v Maurer, 25 Md.
532. Grove v. Todd, 45 Md. 252. Brooke v. Brooke, 60 Md 524. McRae
v. McRae, 78 Md. 270. Duttera v. Babylon, 83 Md. 536. Harper v. Clayton,
84 Md. 346.
Ibid. sec. 42. 1860, art. 16, sec. 31. 1832, ch. 302, sec. 7.
42. 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, expe-
dient 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 every effect,
intent and purpose, as if the feme covert at the said execution,
were of the full age of twenty-one years.
Glenn v. Clark, 53 Md. 580.
Ibid. sec. 43. 1860, art. 16, see. 32. 1799, ch. 49, sec. 6. 1816, ch. 154,
sec. 10. 1818, ch. 193, sec. 8. 1819, ch. 183. 1820, ch. 191, sec 28.
43. 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 exceed-
ing one-seventh nor less than one-tenth, according to the age,
health and condition of such widow.
Dorsey v Smith, 7 H. & J. 366. Maccubbin v. Cromwell, 2 H. & G. 443.
Spurrier v Spurrier, 1 Bl. 477. Mildred v Neill, 2 Bl. 354. Ewing v. Ennals,
2 Bl. 356 Watkins v. Worthington, 2 Bl. 509. Waring v. Waring, 2 Bl.
676 Williams' Case, 3 Bl. 186 Simmons v Tongue, 3 Bl. 341. Goodburn
v Stevens, 1 Md Ch. 420. Peyton r Ayers, 2 Md. Ch. 64. Abercrombie v.
Riddle, 3 Md. Ch 320. Sindall v. Campbell, 7 Gill, 77. Stein v. Stem, 80
Md. 308.
|
|