North v. Puckett

The pleadings in this cause present the single question as to whether a judgment creditor, with a nulla bona return; can by bill in equity subject the dower right of the widow in a 98-acre tract of land to the payment of his judgment before dower has been assigned to her. The chancellor,, being of the opinion that it could not, sustained the demurrer and dismissed the bill.

The right of dower confers no title to any part of the husband’s land, after his death, until assignment of dower is made. It is a mere right which does not ripen into a title until some specific portion is set out and…