
    *Jesse Gordon, Administrator, v. Sarah W. Stevens.
    Tlie widow is entitled to interest or mesne profits up to the time her dower is assigned to her. [*429]
    • This case has already been before tbe Court of Appeals, and a decree made, allowing the defendant dower, and directing her to account for the rents and profits of the land of which she had been in possession since her husband’s death. (See ante, 46.) In June, 1835, the case came up again before Chancellor Johnston, on exceptions to the Commissioner’s report, in' which the defendant was allowed one third of the rent of the land occupied by her, in addition to the gross sum allowed her out of the sales of the land for dower. The Chancellor sustained the plaintiff’s first exception objecting to the report in this particular; and the defendant appealed.
    
      J. J. Caldwell, for the appellant,
    That the widow is entitled to one-third of the rents and profits — cited Ca. Temp. Hard. 25; Graham v. Graham, 1 Yes. Sen. 262; Hamilton v. Mohun, 1 P. W. 122 ; 1 Roper’s Husband and Wife, 450 ; Oliver v. Richardson, 9 Yes. 222; Dormer v. Fortescue, 3 Atk. 130-1; Mundy v. Mundy, 2 Yes. 122.
    
      Herndon, contra.
   Chancellor Johnston.

I am satisfied I was wrong in sustaining the plaintiff’s first exception to the Commissioner’s report.

'The Court, in May v. May, (1 Bailey, 2TT,) say, that a widow is entitled, either to interest or mesne profits up to the time her dower is allowed her: so that, in this case, injustice was done in disallowing both.

The authorities quoted by the appellant’s counsel, have fully satisfied the Court, that mesne profits have always been allowed in equity.

The motion to reverse so much of the circuit decree as sustains the plaintiff’s first exception to the Commissioner’s report, is reversed. Of course the report stands confirmed.

Chancellors De Sausstjre, Johnson and Harper, and Justices Gantt, Richardson, O’Neael, Evans and Butler, concurred.  