Page:Black's Law Dictionary (Second Edition).djvu/403

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DOUBTFUL TITLE

Nev. 344; Jones v. State. 120 Ala. 30% South. 204; Sibei-ry v. State, 133 1nd. (3 N. E. 681; Pui-hey v. State. 3 ilei ('1

143; U. S. v. Post 'D. C.) 123 Fed. 9.; , U. S. V. Breese (D. C.) 1' 1 Fed. 917.

DOUBTFUL TITLE. One as to the va- lidity of which there exists some doubt. either 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 av.-ceptance by a pl.'ll‘Ll.‘i11Sel‘ who has agieed to buy the prop- erty or has hid it in at public s.iie. Herinun v. SOTIIFXS, 158 Pa. 421, 27 Atl. 1050, 38 Am. St. Rep. 851.

DOUN. L. Fr. A gift. Otherwise written "dun" and "done." The thirty-fourth ihapter of Iiritton is entitled "De Uouns."

DOVE. Doves are animals form naturw, niid not the subject of larceny unless they are in the owner's custody; us, for example, in 3 dove-house, or when in the nest belore they can fly. Com. v. Chace, 9 Pick. (Mass) 15, 19 Am. Dec. 3-18; Ruchnian v. Outwater, ‘:5 N. J. Law, 581.

DOWABLE. Subject to be charged with slower; as dowable lands.

Entitled or entitling to donor. Thus, I dowable inti-rest in lands is such as entitle the owner to have such lands chaiged with iiower.

DOWAGER. A widow who is endowed, or who has :1 jointnre in lieu of dower. In Eiighiuil. this is a tltle or addition given to the iuduws of princes, dukes. curls, and other nobicincn. to distinguish Ciic-ni iron] the wives of the heirs, who have right to bear the title. 1 Bi. Coinm 22-1.

-Dowager-queen. The widow of the king. As Slll.lJ she enjoys most of the privileges ha- lun;;in,'.: to her us queen consort. it is not l|‘(‘l~‘lIl.l to conspire her death or violate her chastity, because the succession to the crown is nul iheiehy emhingei-ed. No man, however. can u i‘l_\‘ hcr uiibout a spccinl license from the ereign, on pain of forfeiting his lands or goods. 1 Bl. Comm. 233.

DOW1-JR. The provision which the law uiukos for a Widow out of the lands or tenements of her husband for her support nnd the nurture of her children. 00. Litt. 30:1; 2 Bl. Comm. 130; 4 Kent, Conini. 35; 1 Wasbb. Re'i1 Prop. 146', Chapin v. Hill, 1 IL 1. 4. ; i-lill r itcheil, 5 Ark. (310; Siiiilh v. Hines, 10 Fla. ._)8: Huy v. Varner, 100 Va. hi it 42 S. E. 690.

Dower is an estate for the life of the wid- ou in :1 certain portion of the following real estate of her liusluinil. to which she has not reiiuquislieti her right during the iliarriage: (1) Of all lands of which the husband was selscd in fee during the marriage; (2) of all lands to which another was seised in fee to

395

DOWRY

his use; (3) of all lands to wlilch, at the time of his death, he had a peifect equity. having paid oil the purchase money therefor. Corie Ala. 1386. § 1S'l‘l

The term. both teclinicaily and in popiiiar nccoptation, has reference to real estate ex- cluslvely.

_"Dower," in modern use, is and should be distinguished from "dowry." The former is I. [ll‘l)ViSl0I1 for a widow on her husband's death: the latter is a bride‘:-. portion on her marriace. (i\S:ndler v. Lamheth. 163 Mo. 4125. 63 S. W. i

—Dower ad ostirim er-elesiae. Doii-er at the church dooi or porch. A_ii 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 mai-iiages were formerly cele- brated, after nflianie made and iroth plighted between them, endowed his wife with the whole of his innds, or such quantity as be pleased, at the same time specifying and ascertaining the same. Litt. § 39; 2 Bl. Comm. 133.—Dowex- by the common law. The ordinary kind of dnwer in English and American law, consisting of _a life inivi-est in one-third of the lands of which the husband was seiscd in fee at any time during the covcrture. Litt. § 36: 2 Bl. Comm. 132; 2 Stoph. Comm. 302: 4 Kent. Comm. 35. —Dower by custom. A kind of dower in England. regiilntcd by custom, where the quantity allowed the Mfe differed from the proportion of the common law: as that the wife should have half the husbands lands: or, in some places the vibole: and, in Sofllf‘, only a 2 F11. Comm. 132: Litt. § 37.——Dow- or de la pluis ‘belle. L Fr. Done: of the fairest [pni1.] A species of ancient English dower. iniirlcnt to the old tenures, whr-re thcre was a guardian in chivalry, and the wife occu- pied lands of the heir as guardian in sncnge, if the wife hmusht a writ of dower against such gunrulian in chivalry. he might show this matter, and pray that the wife might be endowed de la piluis bclle of the tenement in socige.

Litt. § 48. This kind of dower was ahalislied viith the rniiitnrv tenures 2 Iii. Comm.

—-Dower ex nssensu pat:-is. Dnvi er by t e father's assent. A species of dower ad nstimn cmlrxim. mode when the liushain’i‘s father was alive, and the son, by his consent e\'}'ii‘(-,|sSl\' given, r-mlmir-(1 his wife uith nrcei of h father's lands. Litt. § 40. 2 Bl. omm. 133: Grncan v. C'i'rrisrm. 27 Ohio St. fi1.—Dower iimle

1-iiJiil linhe . A writ of right which lav for ii viirlnii to whom no dowcr had hr-en assigned.

DOWLE STONES. Stones dividing lands, etc. Cowell.

DOWMENT. In old English law. Endowment-, flower. Grogan v. Ganison, 21 Ohio St. 61

DOWRESS. A woman entitled to dower: a tenant in (lower. 2 P. Wins. 70?.

DOWRY. The property which a woman brings to her husband in l.l].\l'l'lZl,‘Ze; now more commonly called a “pnrtion."

Ry (Inwry is meant the eflfccls which the Wife brings to the husband to support the expenses of niarrlage. Civil Code La. art. 2337.

This nord expresses the proper meaning of the “dos" of the Roman, the “dot" of the French, and the "date" of the Spanish. law, but is a very different thing from “dower,"

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