{"newspaper_name": "State journal & flag.", "edition": "01", "page": "p4", "byline": ""}
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title leaving her to obtain the possession by suit if not voluntarily yielded, but a possession in fact as we'll as in law. 6. The statute remedy being substistue for the common law mode of procedure. dover cannot be claimed of lands aliened by the husband and in the hands of sev. eral persons by the same petition. They might have several distinct defences in which they had no common interest re- quiring distinct issues of law and fact. In such cases it would be necessary to pro ceed separately against each, and some- times only in court of equity. '. The widow Is not dowable of the enhan. ced value of the property by the cree. tion of buildings and other improvements, but of the value of the land at the lime of the alienation.

 As the Orphans court had no jurisdiction, the cause was not remandcd.

 Judgment reversed.

 NOTE The question whether the widow was to he endowed of the value of the lands in- creased from causes not connected with i'm provements made by the alIenee, (growth of the city } was left in medias res, not being distinct. ly presented on the record.