81 W. Va. 357 | W. Va. | 1917
The only question certified to this court for decision is the sufficiency of a bill brought for the purpose of subjecting the unassigned dower of the defendant to sale in satisfaction of a judgment in favor of the plaintiff. The bill avers the rendition of the judgment; that execution has been issued thereon and returned, “no property found;” that said judgment has been docketed in the office of the clerk of the county court of Roane county; that the defendant has an interest in certain real estate of which her husband died seized, being her right to have dower assigned to her therein, and prays that such interest be sold in satisfaction of said judgment.
The question for determination here involves a consideration of the nature and character, of the unassigned dower of a widow. The bill proceeds upon the theory that she has an interest in the real estate. After her dower is assigned and laid off to her, undoubtedly this is true, but before that time,
Our conclusion is to affirm the decree of the circuit court sustaining the demurrer to the bill, and remand the cause for such further proceedings as may be appropriate.
Affirmed, and cause remanded.