Dwyer v. Dwyer

A widow may proceed in the first instance to establish her title by action, and obtain an ad-measurement of her dower in the same proceeding, or she may secure an admeasurement of her dower by petition, and then proceed by action to recover the possession of the part assigned her (2 Rev. Stat., 488, 303, 311, *270491; Ellicott v. Mosier, 3 Sel., 301; Brown v. Brown, 31 How. Pr., 481).

When the proceeding is by petition, it is binding and conclusive only as to the location and extent of the widow’s right (2 Rev. Stat., 491, § 17).

It is no evidence of title, and no person is precluded from…