
    Pollard et al. v. Underwood et al.
    September, 1809.
    Equity Practice — Issue Directed to Ascertain Dower Interest. — A Jury directed to ascertain -what proportion the value of a dower estate bore to that in remainder; (where the land had been sold under a decree to foreclose a mortgage;) and the sum found by the Jury decreed to the tenant in dower.
    • In this case it appeared, that Nathaniel West Dandridge had mortgaged 618 acres of land, whereon, he lived, in which his widow, the wife of Underwood, had a life estate, and William Dandridge the remainder in fee; and that the same was sold under a decree of the Federal Court, to satisfy the mortgage, for 401 dollars and 91 cents, on the 14th September, 1802, and purchased in by the said Underwood: and the principal question was, as to the proportion of the 401 dollars and 91 cents, which William Dandridge should account for.
   By the Chancellor.

Whatever proportion-William Dandridge’s remainder bore to Mrs. Underwood’s life estate, on the day of sale, he should account for; to ascertain which, a Jury will be directed to value the land on that day, as well as her life estate in the same. And so it was ordered and decreed accordingly.  