¶1—This is a real action. It is a demand of the land; and the damages are a mere accident given by the act of assembly. It is not even a mixed action. It is purely a claim for the land. The damages for demotion can in no case be recovered without recovery of the dower; and as this is impossible after the death of the dowress, the damages fall with her death. Nonsuit granted.
4 Del. 427
Betts v. Matthews
Decided July 1, 1846
Superior Court of Delaware · decided 1846-07-01
Summons in dower. Death of plaintiff suggested, and her administrator made a party; who prosecuted the suit for arrears.
Decided 1846-07-01