Where the Wife shall be received upon the Husband's Default.[1]or otherwise for Term of Life, or by Gift, where the Reversion is reserved, do make Default, or will give up; the Heirs, and they unto whom the Reversion belongeth, shall be admitted to their Answer if they come before Judgement; The Receipt of him in the Reversion. Ingressus ad communem legem.[2](7) and if upon such[3] Default, or Surrender, Judgement hap to be given, then the Heirs, or they unto whom the Reversion belongeth after the Death of such Tenants, shall have their Recovery by a Writ of Entry, (8) in which like Process shall be observed as is aforesaid, in case where the Husband loseth his Wife's Land by Default. (9) And so in the Cases aforesaid two Actions do concur, one between the Demandant and Tenant, and another between the Tenant shewing his Right, and the Demandant.
- ↑ Keilw. 128.
- ↑ Regist. 133.
- ↑ Not in Orig.
CAP. IV.
Where the Wife shall be endowable of Lands recovered against her Husband. Where the Heir may avoid a Dower recovered. A Remedy for particular Tenants losing by Default.
The Wife shall be endowable, though the Land be recovered against her Husband by covin, or by Default.IN
[1]case where the Husband, being impleaded for Land, giveth up the Land demanded unto his Adversary by Covin; after the Death of the Husband, the Justices shall award the Wife her Dower, if it be demanded by Writ. (2) But in case where the Husband loseth the Land in demand by Default, if the Wife, after the Death of her Husband, demandeth her Dower, it hath been proved, that some Justices have awarded unto the Woman her Dower notwithstanding the Default which her Husband made, other Justices being of the contrary Opinion, and judging otherwise. To the intent that from henceforth such Ambiguity shall be taken away, it is thus ordained in certain, That in both Cases the Woman demanding her Dower shall be heard. (3) And if it be
alledged against her, that her Husband lost the Land, whereof the Dower is demanded by
Judgement, whereby she ought not to have Dower,
[2]and then it be inquired by what
Judgement, and it be found that it was by Default, whereunto the Tenant must answer; then it behoveth the Tenant to answer further, and to
shew that he had Right, and hath in the foresaid Land, according to the Form of the Writ that the Tenant before purchased against the Husband. (4) And if he can
shew that the Husband of such Wife had no Right in the Lands, nor any other but he that holdeth them, the Tenant shall go quit, and the Wife shall recover nothing of her Dower; which Thing if he cannot
shew, the Wife shall recover her Dower.
A Remedy for Tenants for Life, &c. which do lose their Land by Default.[3](5) And so in these Cases, and in certain other following, that is to say, When the Wife being endowed loseth her Dower by Default, and Tenants in free Marriage, by the Law of
England, or for Term of Life, or in Feetail, divers Actions do concur for such Tenants, when they must demand their Land lost by Default:
The particular Tenants may vouch him in Reversion.(6) And when it is come to that Point, that the Tenants must be compelled to
shew their Plight, they cannot make answer without them to whom the Reversion of Right belongeth; therefore it is granted unto them to vouch to Warranty, as if they were Tenants, if they have a Warranty. (7) And when the Warrantor hath warranted, the Plea shall pass between him that is seised and the Warrantor, according to the Tenor of the Writ that the Tenant purchased before, and by which he recovered by Default; (8) and so from many Actions at length they shall resort to one
Judgement, which
See
4 & 5 W. & M. c. 16. §. 5. securing Dower to Widows of Mortgagor.
- ↑ 2 Inst. 347.; 14 H. 4. f. 31.; 50 Ed. 3. f. 7.
- ↑ Fitz. Dower, 80, 140, 173.
- ↑ Fitz. Voucher, 46, 59, 159, 165, 186, 261, 275, 276, 309.; 11 Co. 62.; Hob. 299.