1 Del. 55
Decided June 15, 1832
Supreme Court of Delaware · decided 1832-06-15
Newcastle County. Black, J. did not sit, he having been of counsel below. This was a bill filed by Euphemia Newbold, against Anthony T. Newbold the heir, and Jacob Ridgeway, a purchaser, for an assignment of dower, and for damages from the death of her husband. Barzilla Newbold, the husband, died seized of the land in Feb. 1815, and devised it by will to his two sons Anthony T. and Daniel Newbold. The heirs entered; and, by deed dated 4 June, 1833, made partition.
Decided 1832-06-15
¶1An objection has been made for want of proper parties, John New-bold the other tenant in common, not being included. This question was settled in the court below on demurrer. This proceeding is only for dower out of that particular part of the land of Barzilla Newbold, that was assigned to Anthony T. Newbold.
¶2The general principles of the doctrine I have advanced are not denied as applicable at law, and equity follows the law.
¶3The decree of the Court of Chancery was affirmed.