KFLCC Kingdom Law 2nd Ed.

395

DOUBTFUL TITLE

DOWRY

his use; (3) of all lands to which, at the time of his death, he had a perfect equity, having paid all the purchase money therefor. Code Ala. 1886, § 1892. The term, both technically and in popular acceptation, has reference to real estate ex clusively. "Dower," in modern use, is and should be dis tinguished from "dowry." The former is a provision for a widow on her husband's death; the latter is a bride's portion on her marriage. Wendler v. Lambeth, 163 Mo. 428, 63 S. W. 684. —Dower ad ostium ecclesise. Dower at the church door or porch. An ancient kind of dow er in England, where a man, (being tenant in fee-simple, of full age,) openly at the church door, where all marriages were formerly cele brated, after affiance made and troth plighted between them, endowed his wife with the whole of his lands, or such quantity as he pleased, at the same time specifying and ascertaining the same. Litt. § 39; 2 Bl. Comm. 133.— Dower by the common law. The ordinary kind of dower in English and American law, consisting of a life interest in one-third of the lands or which the husband was seised in fee at any time during the coverture. Litt § 36; 2 Bl. Comm. 132; 2 Steph. Comm. 302; 4 Kent, Comm. 35. —Dower by custom. A kind of dower in England, regulated by custom, where the quan tity allowed the wife differed from the propor tion of the common law; as that the wife should have half the husband's lands; or, in some places, the whole; and, in some, only a quarter. 2 Bl. Comm. 132; Litt. § 37.— Dow er de la plnis belle. L. Fr. Dower of the fairest [part.] A species of ancient English, dower, incident to the old tenures, where there was a guardian in chivalry, and the wife occu pied lands of the heir as guardian in socage. If the wife brought a writ of dower against such guardian in chivalry, he might show this mat ter, and pray that the wife might be endowed de la pluis belle of the tenement in socage. Litt. § 48. This kind of dower was abolished with the military tenures. 2 Bl. Comm. 132. —Dower ex assensn patris. Dower by the father's assent. A species of dower ad ostium ecclesiw, made when the husband's father was alive, and the son, by his consent expressly giv en, endowed his wife with parcel of his father's lands. Litt. § 40; 2 Bl. Comm. 133; Grogan v. Garrison, 27 Ohio St 61.— Dower nnde nihil habet. A writ of right which lay for a widow to whom no dower had been assigned. In old English law. En dowment; dower. Grogan v. Garrison, 27 Ohio St. 61. DOWRESS. A woman entitled to dow er; a tenant in dower. 2 P. Wms. 707. The property which a woman brings to her husband in marriage; now more commonly called a "portion." By dowry is meant the effects which the wife brings to the husband to support the expenses of marriage. Civil Code La. art 2337. This word expresses the proper meaning of the "dos" of the Roman, the "dot" of the French, and the "dote" of the Spanish, law, but is a very different thing from "dower," DOWRY. DOWXE STONES. Stones dividing lands, etc. Cowell. DOWMENT.

Nev. 344; Jonea T. State, 120 Ala. 303, 25 South. 204; Siberry v. State, 133 Ind. 677, 33 N. B. 681; Purkey v. State, 3 Heisk. (Tenn.) 28; U. S. v. Post (D. C.) 128 Fed. 957; U. S. v. Breese (D. C.) 131 Fed. 917. One as to the va lidity of which there exists some doubt, ei ther as to matter of fact or of law; one which invites or exposes the party holding it to litigation. Distinguished from a "mar ketable" title, which is of such a character that the courts will compel its acceptance by a purchaser who has agreed to buy the prop erty or has bid it in at public sale. Herman v. Somers, 158 Pa. 424, 27 Atl. 1050, 38 Am. St Rep. 851. DOTTN. L. Fr. A gift Otherwise writ ten "don" and "done" The thirty-fourth chapter of Britton is entitled "De Douns." Doves are animals ferce natures, and not the subject of larceny unless they are in the owner's custody; as, for example, in a dove-house, or when in the nest before they can fly. Com. v. Chace, 9 Pick. (Mass.) 15, 19 Am. Dec. 348; Ruckman v. Outwater, 28 N. J. Law, 581. dower; as dowable lands. Entitled or entitling to dower. Thus, a dowable interest in lands is such as entitles the owner to have such lands charged with dower. DOWAGER. A widow who is endowed, or who has a jointure in lieu of dower. In England, this is a title or addition given to the widows of princes, dukes, earls, and other noblemen, to distinguish fnern from the wives of the heirs, who have right to bear the title. DOUBTFUIi TITLE. DOVE. DOW ABLE. Subject to be charged with The widow of the king. As such she enjoys most of the privileges be longing to her as queen consort It is not treason to conspire her death or violate her chastity, because the succession to the crown is not thereby endangered. No man, however, can marry her without a special license from the sovereign, on pain of forfeiting his lands or goods. 1 Bl. Comm. 233. The provision wBich the law makes for a widow out of the lands or tene ments of her husband, for her support and the nurture of her children. Co. Litt. 30a/ 2 Bl. Comm. 130; 4 Kent, Comm. 35; J. Washb. Real Prop. 146; Chapin v. Hill, 1 R. I. 452; Hill v. Mitchell, 5 Ark. 610; Smith v. Hines, 10 Fla. 258; Hoy v. Varner, 100 Va. 600, 42 S. E. 690. Dower is an estate for the life of the wid ow in a certain portion of the following real estate of her husband, to which she has not relinquished her right during the marriage: (1) Of all lands of which the husband was seised in fee during the marriage; (2) of all lands to which another was seised in fee to DOWER. 1 Bl. Comm. 224. — Dowager-queen.