Eliason v. Eliason

Citations

• 3 Del. Ch. 260

Syllabus

<p>Whenever a lien, charge or burden of any kind, affecting several, is enforced at law against one only, he should receive from the rest what he has paid or discharged on their behalf.</p> <p>The principle of equitable contribution applies equally to dower, as to other incumbrances.</p> <p>If an interest is assigned out of lands of one only, of several whose lands were all liable, there should be contributed to him, as near as might be, a corresponding interest out of the lands of those who have been relieved.</p> <p>Under the Statutes of this State, it rests in the discretion of the Orphans’ Court to assign dower out of the whole of decedent’s lands, or out of each tract separately, as well against alienees or devisees of the husband, as against his heirs under the intestate law.</p>