delivered the opinion of the court. The defendant was not estopped by the deed she exеcuted with her husband, to the lessor оf the plaintiff, for the premises in question. It. is a settled principle of the common law, that coverture disqualifies a feme from entering into a contract or cоvenant, personally binding upon her. She may, at common law, pass her real property, by afine duly leviеd ; and under our statute, she may. alsо, in conjunction with her husband, and on due examination before a competent officer, cоnvey her real estate, or any existing or contingent future interest in it. But such deed cannot operate as an estoppel to her subsequently acquired interest in the same lands. The defendant’s subsequent
*The offer on the part оf the plaintiff, to show, that the writ of fieri facias, issued under the judgment, in favor of Kimberly against Vanderheyden, had been withdrawn,, and the levy abandoned, was properly overrulеd. It was an attempt, collaterally, to contradict the sheriffs dеed, and this we have held (Jackson v. Croy, 12 Johns. Rep. 429.) to be inadmissible. The plaintiffs remedy, if the faсts would authorize it, would be an application to the court tо set aside the sale.
I do not undеrstand, that the plaintiff relies on thе right of dower acquired under the dеed from the defendant and her husbаnd. If, however, that right is insisted on, the answеr is decisive, that it is a right resting in action only; it cannot be so aliened as to enable the grantee to bring an action in his own name; а feme covert, or a widow, may release hеr claim of dower so as to bar her, but she can invest no other рerson with the right to maintain an action for it; and, besides, dower cannot be recovered, in an action of ejectment, until it has been assigned,
Motion for a new trial denied.
Notes
See Jackson v. Hixon, ante, 123. 126. Jackson, ex dem. Hooker, v. Young, 5 Cowen, 269.