It must also be understood, that if the Husband of any Woman, after
having endowed her as his Wife, should sell her Dower to any one,
his Heir shall be obliged to deliver the Dower to the Woman, if he
possibly can; at the same time he shall be bound to render a reasonable
equivalent to the Purchaser, on account of the Sale, or Gift of his
Ancestor.[182] If, however, the Heir be unable so to do, he shall be
bound to make to the woman a reasonable compensation.
[Footnote 182: An Assignment of Dower carries with it an obligation of
warranty under the modern French code. (Code Napoleon, 1547. 1564.)]
CHAP. XIV.
When the Dower of a Woman happen to be so circumstanced, that she is
prevented from obtaining any part of it, then, the suit shall from
the beginning be carried on in the King’s Court, and the person in
possession of the Dower shall be summoned, by the following Writ:——
CHAP. XV.
“The King to the Sheriff, Health.[183] Command _N._ that, justly and
without delay, he cause _A._ who was the Wife of _E._, to have her
reasonable Dower in such a Vill, which she claims to have of the Gift
of the said _E._, her Husband, and of which she has no part, as she
says; and of which she complains that he has unjustly deforced her;
and, unless he does so, summon him, by good Summoners, that he be, on
such a day, before us, or our Justices, to shew wherefore he has not
done it; and have there, &c. Witness, &c.”
[Footnote 183: Vide F.N.B. 329.]
CHAP. XVI.
Whoever happens to be in possession of the Dower, whether the Heir
or another person, the Heir ought always to be present to answer the
Woman claiming her Dower. If, therefore, a stranger, and not the Heir,
deforce the Woman of her Dower, he shall be summoned by this Writ; but
the Heir shall be summoned by the former Writ.
CHAP. XVII.
The suit between the Heir and the Widow, may be infinitely varied. For
the Woman will either claim her Dower, as named, or her reasonable
Dower as not named. The Heir also may admit that her Dower was named,
but that it differs from that she demands; or he may allege, that no
Dower was specified.
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