A mortgagee's wife, although her husband has the technical seisin, had no dowable in terest till the estate becomes irredeemable; 4 Dane, Abr. 671; 4 Kent 42; Foster v.
Dwinel, 49 Me. 53, 2' Ves. Jr. 631; Waller v. Waller's Adm'r, 33 Gratt. (Va.) 83.
A widow was not dowable of an equity of redemption under 'the common law; In re Ransom, 17 Fed. 331; L. R. 6 Ch. D. 218; Cox v. Garst, 105 Ill. 342 ; Glenn v. Clark, 53 Md. 607; Pickett v. Buckner, 45 Miss. 243; Hopkinson v. Dumas, 42 N. H. 296; Eddy v. Moulton, 13 R. I. 105; nor did the English courts admit the doctrine until the statute of 1833; Ld. Ch. Redesdale in 2 S. & L. 388 ; but, as was said by Chancellor Bates in Cornog v. Cornog, 3 Del. Ch. 407, the Ameri can courts, being free to carry the equitable view of mortgaged estates to its logical re sults, have uniformly allowed dower in an equity of redemption; Mayburry v. Brien, 15 Pet. (U. S.) 38, 10 L. Ed. 646 ; Simonton v. Gray, 34 Me. 50; Newton v. Cook, 4 Gray (Mass.) 46; Titus v. Neilson, 5 Johns. Ch. (N. Y.) 452; Taylor v. McCrackin, 2 Blackf. (Ind.) 262; Heth v. Cocke, 1 Rand. (Va.) 344; Fish v. Fish, 1 Conn. 559; Hastings v. Stevens, 29 N. H. 564; Hinchman v. Stiles, 9 N. J. Eq. 361 ; but after the surplus pro ceeds of have been applied by the sher iff to a judgment the husband, it is too late to assert the widow's claim to equi table dower; Gemmill v. Richardson, 4 Del. Ch. 599. See on this subject 11 Can. L. T. 281.
In reference to her husband's contracts for the purchase of lands, the rule seems to be, in those states where dower is allowed in equitable estates, that her right attaches to her husband's interest in the contract, if at his death he was in a condition to enforce specific performance; Hawley v. James, 5 Paige, Ch. (N. Y.) 318; Smith v. Addleman, 5 Blackf. (Ind.) 406; Rowton v. Rowton, 1 Hen. & M. (Va.)' 92; Robinson v. Miller, 1 B. Monr. (Ky.) 93; Reed v. Whitney, 7 Gray (Mass.) 533; Owen v. Robbins, 19 Ill. 545; Thompson v. Thompson, 46 N. C. 430. If his interest has been assigned before his death, or forfeited, or taken on execution, her dow er-right is defeated ; Pritts v. Ritchey, 29 Pa.
71; Secrest v. McKenna, 6 Rich. Eq. (S. C.) 72; Dean's Heirs v. Michell's Heirs, 4 J. J. Marsh. (Ky.) 451; Heed v. Ford, 16 B. Monr. (Ky.) 114; Rowton v. Rowton, 1 Hen. & M. (Va.) 91; She is entitled to dower in lands actually Purchased by her husband and upon which the vendor retains a lien for the unpaid pur chase-money, subject to that lien ; McClure v. Harris, 12 B. Monr. (Ky.) 201; Crane v. Palmer, 8 Blackf. Ind. 120; Ellicott v. Welch, 2 Bland. Ch. (Md.) 242; Williams v. Woods, 1' Humphr. (Tenn.) 408; or upon which her husband has given a mortgage to secure the purchase-money, Subject to that mortgage; Henagan v. Harliee, 10 Rich. Eq. (S. C.) 285. See Seibert v. Todd, 31 S. C. 206, 9 S. E. 822, 4 L. R. A. 606.
She is not entitled to dower in partnership lauds purchased by partnership for partnership purposes, until the partner ship debts have been paid; Burnside v. Mer rick, 4 Mete. (Mass.) 537; Woolridge v. Wil .kins, 3 How. (Miss.) 372; Loubat v. Nourse, 5 Fla. 350; Duhring v. Duhring, 20 Mo. 174; Drewry v. Montgomery, 28 Ark. 259; Willet v. Brown, 65 Mo. 148, 27 Am. Rep. 265; Campbell v. Campbell, 30 N. J. Eq. 417. She has been denied dower in land purchased by several for the purposes of sale and spebu lation; Coster v. Clarke, 3 Edw. Ch. (N. Y.) 428; it has been treated as personalty so far as was necessary to settle the partner ship affairs, the right of dower being sub ject to the debts of the firm ; Young v. Thrasher, 115 Mo. 222, 21 S. W. 1104; Mal lory v. Russell, 71 Ia. 63, 32 N. W. 102, 60 Am. Rep. 776; Wheatley's Heirs v. Calhoun, 12 Leigh (Va.) 264, 37 Am. Dec. 654.
Sometimes she is allowed dower out of money, the proceeds of real estate sold by order of court, or by the wrongful act of an agent or trustee; Jennison v. Hapgood, 14 Pick. (Mass.) 345; Beavers v. Smith, 11 Ala. 33; Chtirch v. Church, 3 Sandf. Ch. (N. Y.) 434; Willet v. Beatty, 12 B. Monr. (Ky.) 172; Thompson v. Cochran, 7 Humphr. (Tenn.) 72, 46 Am. Dec. 68.