A Compendium of Modern Equity Intended Chiefly for the Use of Practitioners in

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Jones, 31 Ch. D. 30.
(j) Supra, p. 2.
ASSIGNMENT OF DOWER. 371 husband to the estates out of which she claimed her dower, to ascertain their comparative value, and obtain a fair assignment of her third. (Jc) When the widow's title was disputed, the usual course, prior to the passing of the Chan- cery Amendment Act, 1852 (c. 86), was to direct an issue at Law, or to order the Bill to be retained for a certain time, generally a year, with liberty for the plaintiff to bring her writ at Common Law,
... as she might be advised ; and then an inquiry was directed what lands the husband died seised of wherein the widow was entitled to dower; and then the dower was directed to be assigned. This was originally carried into effect by means of a commission ; but in modern times, an inquiry in Chambers has been more usual.
Although an action for the assignment of dower or free- Action shoalj bench is not mentioaed in s. 34 of the Judicature Act, °"^^ ^^ *:"™r ' menced in the 1873, (Z) it is usual to commence such an action in the Chancery Chancery Division, having regard to its analogy to an action I^'^'"*>oii.


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