
    Jane Sharp against William Pettit.
    S. C. 4 Dall. 215.
    No damages or costs in dower, where the husband does not die seized.
    The demandant recovered dower in 250 acres of land in Sad-bury township, which her husband Joseph Sharp was seized of in fee tail during the marriage, and sold to Thomas Allen, who conveyed to the tenant. A common recovery was afterwards suffered to the use of Pettit, without making the demandant a party, or her executing deed to lead the uses, or any separate' examination of the feme.
    A writ of seisin and inquiry of damages issued] tested 13th September 1794, on which Joseph M‘Clellan, esq. sheriff of Chester county returned an inquisition, taken 10th December 1794, whereby it appeared that Joseph Sharp the baron was seized in fee tail of the premises, but died in July 1790, not seized thereof, that the clear yearly value of the premises was 24I., that 9 months had elapsed from the death of the said Joseph until the clay of issuing of the original writ, and 3 years 7 months and 10 days had elapsed from the issuing of the said writ until the taking of the inquisition, amounting in the whole to 4 years, 4 months and 10 days. And the jury further assess damages by reason of the detention of the dower, beyond the yearly value aforesaid to il. 14s. 3d., besides costs. And the said sheriff further returned, that he caused to be delivered to the demandant full seisin of one-third part of, &c. with the appurtenances.
    Cited in 3 P. & W. 456.
    Mr. T. Ross for the tenant,
    now moved, that judgment might be entered for the demandant on the writ of seisin, but without damages or costs. If the jury find that the husband died seized, they must find the time when, the annual value of the land-damages on account of the detention and costs. But if they find the husband was seized, but did not die so, then they are to find no costs or damages, but only the value of the land; for damages are given by the statute of Merton, and the statute of Gloucester gives costs only where the plaintiff recovers damages. Co. Lit. 32, b. Yelv. 112. Bull. 116-7. 2 Bac. 148-9. Onsl. Ni. Pri. 109.
   The court said, the law clearly was so settled. Let the inquisition be set aside as to damages and costs, and judgment be entered for the demandant on the writ of seisin.  