Tool's Lessee v. Pride

This was an action of ejectment by the heir against the widow, for the mansion house of the deceased, and land adjoining. It was admitted that dower never had been set out, and that the widow continued to live in the mansion from the death of her husband, until her second marriage, and since. Upon the first argument White j. conceived the action could be maintained by the heir, without assigning dower. Overton j. was inclined to think otherwise. Upon the second argument, the judges concurred in opinion, that by the common law the heir was bound to assign dower. Vide. Co. Lit. 31. a. 32. b. 2…