Roan ex rel. Jernigan v. Holmes

Citations

• 32 Fla. 295

Syllabus

<p>Dower — damages for detention of — prom what time accrues— SUIT FOR DAMAGES FOR DETENTION OF, AS AGAINST HUSBAND’S ALIENEE, DOES NOT SURVIVE TO ADMINISTRATOR OF WIDOW — 'WHEN DEFEATED BY WIFE’S MORTGAGE OF.</p> <p>1. Where the wife joins with her husband in the execution of a mortgage upon land in which she has an inchoate right of dower, and in such mortgage releases her dower therein, such release is not absolute, but is conditional only; and under section 8, p. 16o, McClellan's Digest (Section 1982, Revised Statutes), she can not be divested of her right by means of such condi-tionál release thereof in said mortgage except in the same way that the absolute fee of the husband could be divested by means of such mortgage, viz: by sale under decree of foreclosure thereof.</p> <p>2. Where land is sold during the lifetime of the husband at forced sale to satisfy a judgment against him, the purchaser at such sale, acquires the same status, so far as the wife’s right to dower in such land is concerned, as though he were the alienee of the husband by his own voluntary act and deed.</p> <p>8. Mesne profits by way of damages for the detention of the widow's dower, if recoverable at all against the alienee of the husband, can only be recovered from the time of her demand for her dower interest and refusal thereof by the alienee.</p> <p>4. Where land has been aliened in the lifetime of the husband, and the widow dies pending her suit for the admeasurement of dower therein, but before any adjudication of her contested right thereto, her administrator can not proceed with the suit, as against the alienee of the husband, for the sole purpose of recovering mesne profits as damages for the detention of such dower. Damages in such cases is an incident to the principal right, and falls, on the death of the widow, at the termination of the principal demand.</p>