BARNEY, vs. FROWNER & WIFE
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BARNEY, vs. FROWNER x WIFE.

 From Mobile Orphans Court. STEWART and FISHER, for plaintiff in error.

 PHILLIPS. contra.

 ORMOND, J.

 l. The statute requires ten days notice of an application for lhe allotment of dover 10 be given 10 the executor or adminis- irator; where they do not reside in the same county with the widow, O., where she is herself he execulrix or adminis- tra,rix the notice is to be given by ad. verllsement in a newspaper published four successive times. Clay's Dig. l73 SC, and petition for dover being a summa. ry remedy given by staiute can only, be supported by conformity to its provis- ions.

 7. Where one of the heirs is not notified, and no proceedings had upon the death of another, except the suggestion of her death npon the record and all the terre tenants were not regularly before the court the proceedings in a petition for dover must be reversed.

 5. In the act of 1872. Toulmin's Dig. l75, by the words ''superior and county court" the legislature intended to designate ,he common law court at that time held by five justices twice year, and not the Or phan's court which, under the act of 1910, was then usually held by he chief justice for probate of wills, granting let ters of administration &c., and from whose decisions an appeal lay to the next Orphans court of the county. 4. It IS not the design of the enactment, Clay's Dig. l73, 5, to embrace cases where dover could not he assigned out of the land, and lhe dover interest designa ted by visible oundarles-where that is impossible, and where compensation must be made in money in lieu of dover .out of the land itself, it is clearly neither within the letter or spirit of the statute {; but where an allotment can be made by metes and bounds, the right of dove can as well be tried under the statute remedy as by the common law mode of procedure.

 3. Our statute conlemplates coniestation of the widows right of dover, and pro. vides the necessary means for ascertain nig 1t, and if decided in her favor the sheriff is to put her in possession and this is not mere legal investiture of the