Koester v. McKinney

*443OPINION

By HORNBECK, PJ.

As against the mortgage claim of Koester, Mrs. McKinney cannot assert any rights. As against the merchanics’ lien claims she is entitled to her inchoate right of dower if there is a surplus from which it can be allowed. Canan v Haffey, 27 Oh Ap, 430 (6 Abs 401); Glassmeyer v Michelson, 23 N.P. (N.S.) 537. If she is entitled to dower it should be awarded, though she had filed no answer.

As the mortgage of Koester, plaintiff, was in excess of the sale price of the real estate, there is no fund from which dower may be awarded Mrs. McKinney. Especially is this true in view…