
    Rachel Atkins vs. Ira Yeomans.
    If a demandant in a writ of dower dies after she recovers judgment for her dower, but before dower is set out to her, the action dies with her, and judgment for damages for the detention of dower cannot be rendered as of a former term.
    Writ of dower. The demandant had judgment for her dower, at the last May term in Hampden, and the parties thereupon made the following agreement: “ In this case it is agreed, that E. Bates, A. Collins, and P. Boies, Esqrs., shall be appointed commissioners, to set out the demandant’s dower in the land demanded, and also to assess damages for the detention thereof; and if either party request it, to report a statement of facts to be submitted to the court for adjudication.” The action was continued, and the demandant died in the vacation. It was now moved, in behalf of her administrator, that judgment for damages and costs should be entered nunc pro tunc.
    
    
      W. G. Bates, for the demandant.
    
      W. Blair, for the tenant.
   Br the Court.

The action died with the demandant, and judgment for damages cannot now be rendered as of the last term. (See 1 Roscoe on Real Actions, 312. Park on Dower, 309. Mordant v. Thorold, Carth. 133: 1 Salk. 252: 1 Show. 97. 1 Roper Husb. & Wife, 437.)  