Her claim for dower has been held not subject to mechanics' liens; Shaeffer v. Weed, 3 Gilman (Ill.) 511; Nazareth Liter ary & Benevolent Inst. v. Lowe, 1 B. Monr. (Ky.) 257.
The principle of equitable contribution ap plies equally to dower, as to other incum brances ; Eliason v. Eliason, 3 Del. Ch. 260.
She is not entitled to dower in an estate pur muter vie; Gillis v. Brown, 5 Cow. (N. Y.) 388; or in a vested remainder; Fisk v. Eastman, 5 N. H. '240; Moore v. Esty, 6 N: H. 479; Blow v. Maynard, 2 Leigh (Va.) 29; Reynolds v. Reynolds, 5 Paige, Ch. (N. Y.) 161; or in reversion of the husband, where he dies before the termination of the life estate; Kellett v. Shepard, 139 III. 433, 28 N. E. 751, 34 N. E. 254.
In some states she has dower only in what the husband died seised of ; Winstead v. Winstead's Heirs, 2 N. C. 243; 4 Kent 41.
The wife's dower will be protected against the voluntary conveyance of the husband made pending a marriage engagement, under the same circumstances in* which the hus band is relieved against an ante-nuptial set tlement by the wife; Chkndler v. Hollings worth, 3 Del. Ch. 9i. This case is consider ed by Washburn and Bishop 'as the leading case and is approved by both authors; 3 Washb. R. P. 359; 2 Bish. M. W. § 343, note 2, quoting the greater portion' of the opinion of Bates, Ch.
Requisites of. Three things are usually said to be requisite to the consummation of a title to'dOwer, viz.: marriage, seisin of the husband, and his death; 4 Kent 36; 1 Washb. R. P. 169; King v. King, 61 Ala. 481; Wait v.. Wait, 4 N. Y. 99.' The marriage must be a legal one; though, if voidable and not void, she will have her dower unless it is dissolved in his lifetime ; Smart v. Whaley, 6 Smedes & M. (Miss.) 308; Co. Litt. 33 a; 1 Cruise, Dig. 164; Hig gins v. Breen, 9 Mo. 501; Jones v. Jones, 28 Ark. 21.
The husband have been seised in the premises of an estate of inheritance at some time during the coverture. It may not be an actual seisin; a seisin in law with the right of immediate corporeal seisin is suffi cient ; Eldredge v. Forrestal, 7 Mass. 253; Mann v. Edson, 39 Me. 25 ; Dunham v. Os born, 1 Paige, Ch. (N. Y.) 635; Shoemaker
v. Walker, 2 S. & R. (Pa.) 554; 1 Cruise, Dig. 166; Young v. Young, 45 N. J. Eq. 27, 16 Atl. 921; Houston v. Smith, 88 N. C. 312. Possession by a widow of the mansion house of her husband, and her unassigned right of dower, do not prevent the heir from being seised thereof so that his widow may ac quire dower therein; Null v. Howell, 111 Mo. 273, 20 S. W. 24. It is not necessary that the seisin of the husband should be a rightful one. The widow of a disseisor may have dower against all who have not the rightful seisin; Scribn. Dow. 702. See Toomey v. McLean, 105 Mass. 122.
So, although the estate is a defeasible one, provided it is one of inheritance, she may claim her dower until it is defeated ; Co. Litt. 241; Doughty v. Doughty, 7 N. J. Eq. 241; 10 Co. 95.
The seisin is not required to remain in the husband any particular length of time. It is sufficient if he is seised but an instant, to his own benefit and use; Young v. Tarbell, 37 Me. 509 ; 2 Bla. Com. 132; Kade v. Laub er, 48 How. Pr. (N. Y.) 382; but a mere in stantaneous seisin for some other purpose than proprietorship will not give the wife dower ; Stanwood v. Dunning, 14 Me. 290; Wooldridge v. Wilkins, 3 How. (Miss.) 369; EdmondsOn v. Welsh, 27 Ala. 578 ; McCauley v. Grimes, 2 G. & J. (Md.) 318, 20 Am. Dec. 434; Emerson v. Harris, 6 Mete. (Mass.) 475.
Where he purchases land and gives a mortgage at the same time to secure the pur chase-money, such incumbrance takes prec edence of his wife's dower ; Stow v. Tifft, 15 Johns. (N. Y.) 458, 8 Am. Dec. 266; Reed v. Morrison, 12 S. & R. (Pa.) 18; Holbrook v Finney, 4 Mass. 566, 3 Am. Dec. 243 ; Moore v. Esty, 5 N. H. 479; Griggs v. Smith, 12 N. J. L. 22 ; Bogie v. Rutledge, 1 Bay (S. 0.) 312 ; Smith v. • Stanley, 37 Me. 11, 58 Am. Dee. 771.
The death the husband. 1 Cruise, Dig. 168. What was known as civil death in Eng land did not give the wife right of dower; 2 Crabb. R. •P. 130; Wooldridge v. Lucas, 7 B. Monr. (Ky.) 51; Platner v. Sherwood, 6 Johns. Ch. (N. Y.) 129. Imprisonment for life is declared civil death in some of the states.