Stevens' Heirs v. Stevens

This writ of error, brought to set aside an order allotting dower, presents two questions: — first, the application having been made by the widow, was notice to the heirs or terre-tenants necessary? and second, is the allotment, on its face, such as the law requires, or will approve?

First. It is a general rule of the common law, because it is a principle of justice, that no one should be affected by a judicial proceeding, unless during its pendency, he shall have had notice of it. And it must be admitted that, in allotting dower, the County Courts act judicially; because, otherwise, their…