Carver v. Ward

Ritz, Judge,

(dissenting) :

Section 3 of chapter 65 of the Code provides:— “Where land is bona fide sold in the lifetime of a husband, to satisfy a lien or incumbrance thereon, created by deed in which the ydfe has united, or for the purchase money thereof, whether she united therein or not, or created before the marriage, or otherwise paramount to the claim of the wife, she shall have no right to be endowed -in the said land. But if a surplus of the proceeds of sale remain after satisfying the said lien or incumbrance, or purchase money, she shall be entitled to dower in said surplus, and a…