COPARCENARY AND COMMON,

estates in, subject to dower, 340-342.

before partition dower set off in common, 341.
after partition assigned in husband's share, 341.

voluntary partition, 341, 342.

parol partition, 341, 342.

if decree not executed in husband's lifetime, wife a necessary party, 341, 348, 349.
eviction after partition, by paramount title, 341.

effect of sale in partition in husband's lifetime, 341–355.

in New York held to divest inchoate dower right, 341-348.

but share of proceeds to be invested for wife's benefit, 345, 348.

this right secured by present New York statute, 355.

how construed, 355, 356.

when inchoate dower interest divested in Maryland, 350, 351.
in Ohio sale in partition divests inchoate dower, 351–353.
although the wife is not made a party, 351–353.

so in Missouri, 351.

statute in Minnesota on this subject, 356-357.

in Virginia, 356-357.

hardship upon the wife where her inchoate interest is unprotected, 353, 354, 356-357.

COPYHOLDS,

no dower of, 369.

by special custom subject to freebench, 369.

not affected by late English dower act, 413, 414.

CORPORATIONS,

shares in, not subject to dower, 214-223.

early English cases on this subject, 214-216.

distinction where lands are vested in the corporation and where in the individual

shareholders, 214–216, 217.

the doctrine in the United States, 218-221.

CORRUPTION OF BLOOD,

not worked by treason or felony in the United States, 637.

COSTS,

widow permitted to recover, by statute of Gloucester, 18.

COUNCIL OF TRENT,

decree of, respecting marriage, 61.

not regarded as of authority in England, 61.

CREDITORS,

general, claims of, subordinate to dower in Connecticut, North Carolina and
Tennessee, 617, 620, 622.

widow empowered to bequeath, by statute of Merton, 18.

DECREE,

of Council of Trent, 61.

not regarded as binding in England, 61.

of nullity, necessary in certain States to dissolve marriages contracted by idiots or
lunatics, 129-130.

or under duress, 129-130.

or through fraud, 129--130.

otherwise as to the marriage de præsenti with a lunatic, 129–130, note.

of nullity, necessary to dissolve marriage de facto, 129.

for assignment of dower, when equivalent to actual assignment, 327, 328.

of divorce, when it consummates the right of dower in certain States, 652, 653.

DE FACTO,

marriage, what constitutes, 114.

valid until dissolved, 114.

confers dower unless annulled in the lifetime of both the parties, 113, 114.

of purchase-money mortgage, date of may be shown by parol, 275.
DENIZATION,

effect of, at common law, 153, 154.

prospective only, in its operation, 153.

DENMARK,

introduction of dower into, 6.

DESCENT,

estates acquired by, subject to maxim dos de dote peti non debet, 324–326.
(See ESTATES IN REMAINDER AND REVERSION.)

DEVISE,

the maxim dos de dote peti non debet applicable to lands acquired by, 330.
by husband, ineffectual to divest dower in Connecticut and Vermont, 617, 618.
DISABILITIES,

to marriage, civil and canonical, 115.

DISCONTINUEE,

widow of, dowable until his estate is avoided, 267, 268, 371.

DISSEISEE,

if disseised before marriage, must enter, or his wife not dowable, 255, 257.
judgment alone against disseisor insufficient to confer dower, 257.

so of execution served by heir after husband's death, 257, 258.

DISSEISIN,

before marriage prevents dower unless the husband enter, 255, 257.

of ancestor defeats dower unless the heir enter, 256.

during coverture does not impair dower, 263, 264.

of cestui que trust, 390, 391.

DISSEISOR,

widow of, entitled to dower, 267, 268.

until his estate is avoided, 267, 268, 290, 369, 370.

estate of, disaffirmed by restoration of seisin to the rightful owner, 290.
distinction as to defeasible character of estate of heir, and widow of, 370.

DISTRICT OF COLUMBIA,

alienage in the, 183.

right of entry sufficient to give dower, 259.

where estate acquired by exchange widow must elect, 286.

formerly equitable estates not subject to dower, 400, 436.

otherwise now as to complete equity, 401, 421, 436.

dower allowed in equities of redemption, 475.

but not in estate of mortgagee, 477.

dower not subject to husband's control, 630.

inchoate dower protected on sale in foreclosure, 481.

DIVORCE,

marriage prohibited after, in certain States, 121, 122.

extent and effect of the prohibition, 121, 122.

granted for misconduct of husband, consummates right of dower in certain States,
652, 653.

origin of, involved in uncertainty, 1, 2.

supposed antiquity of, 2.

controversy as to origin of, in lands, 4-7, 9.

probable origin of, in England, 4, 5, 19, 20.
provision for, in charter of Henry I., 9.

in charter of King John, 11.

in first charter of Henry III., 11.

in second charter of Henry III., 12, 13.

ad ostium ecclesiæ, 10, 14, 15, 17.

never prevailed in the United States, 19.
abolished in England, 19, note.

ex assensu patris, 18, 19.

not known in the United States, 19.
abolished in England, 19.

by the custom, 18.

never adopted in the United States, 19.

de la pluis beale, 18, 19.

not recognised in the United States, 19.
abolished in England, 19.

by the common law, 16, 18.

proportion assigned for, 5, note, 12, 14-16.
limited to lands held during coverture, 16.
object of, 20, 21.

DOWER-(Continued.)

introduction of, into the several States, 23-57.

abolished in Texas, 56.

not allowed in California, 57.

nor in Louisiana, 58.

not conferred at common law by the irregular marriage, 105-110.
otherwise in several of the United States, 110-112.

attaches upon marriage de facto, 113, 114.

unless dissolved in the lifetime of both the parties, 113, 114.

does not attach upon marriage void in law, 115–133.

attaches upon marriage contracted within the age of consent, 139–145.
defeated by decree annulling voidable marriage, 146.

alien not entitled to, at common law, 152.

nor the wife of an alien, 152.

English statutory modification of this rule, 152.
applicable only to real property, 198.

in lands and tenements, 198.

in hereditaments real, 198-200.

in mines and quarries, 200-206..

not allowed in wild lands in Massachusetts, Maine and New Hampshire, except
in certain cases, 206–211.

otherwise in other States, 211–213.

not allowed in shares in corporate property, 214–223.

nor in water granted for hydraulic purposes, 223, 224.

in estates tail special, 227, 228.

where there is an interposed or precedent chattel interest, 215-222.
where there is an interposed or precedent freehold estate, 229–235.
where there is an intervening contingent freehold remainder, 235-246.
excluded by intervening possibility, 246-248.

does not attach at common law upon mere right of entry, 255-256.

otherwise now in England and in most of the United States, 258-260.

nor upon estates in joint tenancy, 258, 260, 335–337.

otherwise in many of the United States, 327-330.

nor upon a transitory seisin, 271-278.

attaches upon an instantaneous seisin, 278-279.

in estates in fee simple and fee tail, 279.

in estates tail in the United States, 279-281.

in estates acquired by exchange, 284–286.

in defeasible estates, 268, 290, 368-372.
estates upon condition, 290–292.
base and qualified fees, 292-294.

in estates determined by natural limitation, 286-288.

in estates determinable under power of appointment, 410-411.
under collateral limitations, 296.

under conditional limitations, 296-320.

not allowed in reversionary estates, 229, 321-333.

unless the husband acquire the freehold, 241, 306, 307.

in estates in coparcenary and common, 340–342.

effect of sale in partition, 342–345.

in estates not of inheritance, 359-373.

estates for life not subject to, 359-363.

nor estates for years, 363, 364.

otherwise in Massachusetts, Missouri, Kansas and Ohio, 364–366.
estates at will not subject to, 369.

in wrongful estates, until avoided, 267, 290, 369, 373.

in rents, 369, 372.

not allowed in annuities, 379-381.

did not attach upon estate of cestui que use, 382-385.

effect of Statute of Uses, 385.

nor upon estate of cestui que trust, 369-398, 413.
otherwise now in England, 399-413.

and in many of the States, 400-407.

does not attach upon estate of trustee, 409-410.

except to the extent of his beneficial interest, 411–412.

DOWER-(Continued.)

in equitable estates acquired under executory contracts of purchase, 413-447.
in what States seisin of the legal estate is required, 414-420.
under the doctrine of equitable conversion, 449-461.

in equities of redemption, 463-476.

not allowed at common law, 463-467.
except in certain cases, 464-466.
otherwise now in England, 464.

and in the United States, 467-476.
of mortgages for years, 476.

as against a mortgagee, 479-518.

before condition broken, 479-480.

redemption by widow of mortgagor, 481-487.

satisfaction of mortgage from husband's estate, 510-518.

as against the holder of the equity, 519–554.

contribution by the widow, 519-533.

where the mortgage is redeemed in husband's lifetime, 533–535.

principal or interest must be due, 535-536.

extent of contribution, 536-538.

where the holder of the equity becomes the assignee of the mortgage, 539-

544.

election to have mortgage debt deducted from the value of the land, 544–545.
where the holder of the equity fails to redeem, 545-546.
where there are successive mortgages, 546-547.

satisfaction of mortgage, 547-551.

as against the vendor's lien, 441, 555-560.

where he has retained the legal title, 441-555.

where he has conveyed the legal title, 555-560.

satisfaction of, from husband's estate, 557, and note.
when inchoate dower protected on sale under, 559-560.

in partnership lands, 563-576.

subject to partnership liabilities, 563-576.

surplus treated as realty and subject to dower, 563, 574, 575.
otherwise in Virginia, 575-576.

not allowed in lands appropriated to public uses, 577-582.
as affected by acts of husband prior to the marriage, 583-602.
alienation before marriage, 583-584.

on the eve of marriage, 587–591.

on the day of marriage, 585.

void and voidable conveyances, 585, 587.

mortgages executed before marriage, 595-599.

contracts of sale, 591, 594, 630.

charges, 594, 595, 602.

judgments recovered before marriage, 599-601.

on the day of marriage, 585–600.

attachment lien, 600.

discontinuance by tenant in tail, 586, 587.

as affected by acts of husband during the coverture, 603–637.
alienation after marriage is subject to dower, 603, 604,

exceptions to this rule, 604-608.

so of charges or derivative interests, 603.

dower not affected by any modification of the husband's seisin, 603, 604.

nor by release of rent to terre-tenant, 604.

nor by collusive recovery of husband's lands, 608-614.

nor by husband's release of equity of redemption, 596-630.

nor by sale of equity of redemption on execution, 631.

paramount to mechanics' lien, 631.

otherwise in Kentucky, 631.

statutory changes in England, 614, 615.

in the United States, 616-628.

where the wife has joined in a fraudulent conveyance, 639-646.
if avoided by creditor's wife has dower, 641-644.

otherwise in New Jersey, 640, 641.

the doctrine in New York, 639, 640, 646.