Since, in order to entitle one to dower at common law, she must have been the wife of the owner of the land at the time of his decease, an absolute divorce, even though For the husband's fault, has been always regarded as divesting dower, in the absence of any statute to the contrary.13 Occasionally, it is provided by statute that a divorce for the

24 Wend. (N. Y.) 193. Marrying and living with a man under the mistaken belief that her previous husband was dead does not bar dower. Greene v. Harvey, 1 Rolle, Abr. 680; Payne v. Dotson, 81 Mo. 145, 51 Am. Rep. 225. Nor is it barred if the wife is deserted by the husband, and afterwards commits adultery. Graham v. Law, 6 Up. Can. C. P. 310; Rawlins v. Buttel, 1 Houst. (Del.) 224; Reel v. Elder, 62 Pa. St. 308; Shaffer v. Richardson's Adm'r, 27 Ind. 122; Beaty v. Richardson, 56 S. C. 173, 46 L. R. A. 517, 34 S. E. 73. Or if she is driven away by him. Walters v. Jordan, 35 N. C. 170. But she has in England been held to be barred when she left because of the husband's cruelty. Woodward v. Dowse, 10 C. B. 722; Bostock v. Smith. 34 Beav. 57. And so in one state when she left for that reason and refused to return upon request. Bell v. Nealy, 1 Bail. (S. C. 312, 119 Am. Dec. 636.

12. 1 Stimson's Am. St. Law, Sec. 3246 (B.)

13. Co. Litt. 32a; 2 Blackst Comm. 130; 4 Kent. Comm. 54; Barrett v. Failing, 111 U. S. 523, 28 L. Ed. 505; Hinson v. Bush, 84 Ala. 368, 4 So. 410; Wood v. Wood, 59 Ark. 441. 43 Am. St. Rep. 421, 27 S. W. 641; Fletcher v Monroe, 145 Ind. 56, 43 N. E. 1053; Hamilton v. McNeill, 150 Iowa, 470. Ann. Cas. 1912D, 604, 129 N. W. 480; Hood v. Hood, 110 Mass. 463; Calame v. Calame, 24 N. J. Eq. 440; Price v. Price, 124 N. Y. 589, 12 L. R. A. 359, 27 N. E. 383; Miltimore v. Miltimore, 40 Pa. St. 151. For statutes to this effect, see 1 Stimson's Am. St. Law, Sec. 3246 (C).

A divorce a mensa et thoro, be ing a mere decree of separation, does not bar dower. Co. Litt. 32a; 2 Blackst. Comm. 130; Rich v. Rich, 7 Bush (Ky.) 53; Hokamp v. Hagaman. 36 Md. 511; Killackey v. Killackey, 156 Mich. 127. 120 N. W. 680; Day v. West, 2 Edw. Ch. (N. Y.) 592; Taylor v. Taylor, 93 N. C. 418, 53 Am. Rep. 460; Howell v. Thompson, 95 Tenn. 396, 32 S. W. 309.

Real Property.

[Sec. 229 fault of the husband shall not bar dower,14 and such a statute sometimes requires dower to be assigned immediately upon divorce, without awaiting the husband's death.15 Quite frequently, the statute provides that there shall be no dower in case of divorce for the wife's fault,16 and such statutes have been construed as allowing her dower in case of divorce for her husband's fault.17