is a mortgage for the purchase money as against such mortgage.

How dower is barred.-"A woman may be barred of her dower in all the lands of her husband by a jointure setled on her with her assent before the marrige, provided such jointure consist of a freehold estate in lands for the life of the wife at least to take effect in possession or profit before or immediately on the death of the husband. Such assent shall be expressed, if the woman be of full age, by her becoming a party to the conveyance by which it is settled, and if she be under age, by her joining with her father or guardian in such conveyance.'

Pecuniary provision."Any pecuniary provision that shall be made for the benefit of an intended wife and in lieu of dower shall, if assented to as provided in the preceding section, bar her right of dower in all the lands of her husband."

How barred after marriage.-"Every married woman of the age of eighteen years and upward may bar her dower in any real estate by joining with her husband or with his guardian, if he be under guardianship for any cause, in a conveyance thereof duly executed and acknowledged by her in the manner prescribed in this chapter (that is, a conveyance by her may be executed the same as though she were single) and the joinder of her name as grantor with her husband in any deed so executed by her shall be sufficient to bar her dower without any other words therein. And whenever her husband's title to any land shall have been lawfully conveyed to another she may, either before or after the decease of her husband, bar her dower therein by her quitclaim deed of such land to such person executed and acknowledged as upon conveyance of her own separate estate."

Widow to make election.-"If any jointure or pecuniary provision be made before marriage and without the assent of the intended wife, or if it be made after marriage, she shall make her election after the death of her husband whether she will take such jointure or pecuniary provision or the share of his estate"....... provided by law.

Election between dower and devise.-"If any lands be devised to a woman or other provision be made for her in the will of her husband she shall make her election whether she will take the lands so devised or the provision so made or whether she will claim the share of his estate provided in the

next section; but she shall not be entitled to both unless it plainly appears by the will to have so been intended by the testator."

When deemed to have elected to take devise.-"When a widow shall be entitled to an election under either of the last two preceding sections she shall be deemed to have elected to take such jointure, devise or other provision, unless within one year after the filing of a petition for the appointment of an administrator of the estate or for the probate of the will of her husband, she files in the court having jurisdiction of the settlement of his estate notice in writing that she elects to take the provisions made for her by law instead of such jointure, devise or other provision; and upon filing such notice she shall be entitled to the same dower in his lands and the same right to the homestead as if he had died intestate leaving lawful issue, and the same share of his personal estate as if he had died intestate; provided that when he shall have died testate, the share of personal estate which she may so take shall not exceed the one-third part of his net personal estate, and the provisions of this and the next two preceding sections shall not apply to any case where the husband shall die intestate leaving no issue. When no provision shall be, or shall heretofore have been made, for a widow in her husband's will and she shall not be or shall not have been entitled to an election under section 2170 (second above), she shall, without doing any act on her part, be entitled to the share of his estate as provided in this section.”

ESTATE BY THE CURTESY.

An estate by the curtesy is a legal life estate which a husband has after the death of his wife in the lands of the wife of which she died seized, and which were not disposed of by her. At common law, it was necessary that there should be birth of a living child during the lifetime of the wife in order to entitled the husband to this estate, but such is not the case in this state. The estate given to the husband is entirely subjected to the will of the wife. If she conveys or devises the land, all possibility of tenancy by the curtesy is gone. It differs in this from the dower interest of the wife, which attaches to all the lands of which the husband was seized, either in deed or in law, at any time during coverture, and no conveyance by him without the wife will bar

her right. Divorce also bars curtesy by the husband in the lands of the wife. The statute reads: "The husband on the death of his wife shall hold the lands of which she died seized and which were not disposed of by her last will and testament, for his life as tenant thereof by the curtesy; provided, that if the wife, at her death, shall leave issue by any former husband, to whom the estate might descend, such issue shall take the same discharged from the right of the surviving husband to hold the same as tenant by the curtesy."

Under this section, where a wife died leaving her second husband and children by him and a former husband surviving, it was held that the second husband was entitled to curtesy in the portion of her lands which would by law descend to the children of the second marriage. The children by the first marriage take their share absolutely, discharged of the husband's right of curtesy.

HOMESTEAD S.

[See section 2, chapter on Exemptions and Homestead Rights.]

Estates for years, at will and by sufferance.-Such estates are termed leaseholds and are created by lease. An estate for years, no matter what its duration, is not considered as high an estate in law as a life estate or an estate of inheritance. Thus, one who has a lease for one hundred years is not a freeholder, and could not sign a document requiring the signature of a freeholder, while one who has a life estate, although it may endure for only a few years, may. These estates are discussed in the chapter on Landlord and Tenant, which see.

Other divisions of estates.-As respects the time of their enjoyment, estates are divided into estates in possession and estates in expectancy. "An estate in possession is where the owner has the immediate right to the possession of the land; an estate in expectancy is where the right to the possession is postponed to a future period. Estates in expectancy are divided into estates commencing at a future day, denominated future estates, and reversions. A future estate is an estate limited to commence in possession at a future day, either without the intervention of a precedent estate or on the determination, by lapse of time or otherwise, of a precedent estate created at the same time. When a future estate is dependent upon a precedent estate, it may be termed

a remainder, and may be created and transferred by that name. A reversion is the residue of an estate left in the grantor or his heirs, or in the heirs of a testator, commencing in possession on the determination of a particular estate granted or devised. Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the land upon the ceasing of the intermediate or precedent estate. They are contingent whilst the person to whom, or the event upon which they are limited to take effect remains uncertain." Estates in regard to the number and connection of their owners, are divided into estates in severalty, in joint tenancy and in common. All grants and devises of land made to two or more persons create estates in common, unless declared to be in joint tenancy, but this does not apply to mortgages, nor to devises, or to grants made in trust or made to executors, or to husband and wife. -As to the qualities of these estates see chapter III on Property and the Forms of Ownership and the Rights and Remedies of Co-Owners. Estates may also be on condition. -See Wills. There are many other provisions in our statutes in regard to remainders, reversions, powers and trusts but these will not be quoted or discussed, not being considered to be within the purview of this work. The reader is cautioned to seek reliable legal advice on all questions involving such matters.

Adverse possession.--Title to real estate may be acquired by adverse possession. A good title is acquired by adverse possession in ten years if the land is held by claim of title under some written instrument, exclusive of any other right, as being a conveyance of the premises, or in twenty years if not held under an instrument in writing. It may be stated generally that when one recognizes and holds under another's title, such holding will not be deemed adverse until the latter has been made aware of the adverse holding. Thus, a tenant in common must bring home to his co-tenant knowledge of the fact that he claims to hold adversely before there will be an adverse holding so that the time begins to run. A husband cannot hold adversely to his wife and vice versa. Our statutes provide:

When holding under a written instrument or judgment. "Where the occupant or those under whom he claims entered into the possession of any premises under claim of

title, exclusive of any other right, founding such claim upon some written instrument, as being a conveyance of the premises in question, or upon the judgment of some competent court, and that there has been a continual occupation and possession of the premises included in such instrument or judgment or of some part of such premises under such claim for ten years, the premises so included shall be deemed to have been held adversely; except that when the premises so included consist of a tract divided into lots, the possession of one lot shall not be deemed the possession of any other lot of the same tract."

Adverse possession under written instrument defined. "For the purpose of constituting an adverse possession by any person claiming a title founded upon some written instrument or some judgment, land shall be deemed to have been possessed and occupied in the following cases:

1. Where it has been usually cultivated or improved.

2. Where it has been protected by a substantial inclosure. 3. Where, although not inclosed, it has been used for the supply of fuel or of fencing timber for the purpose of husbandry or for the ordinary use of the occupant.

4. Where a known farm or a single lot has been partly improved the portion of such farm or lot that may have been left not cleared or not inclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved or cultivated."

When not holding under written instrument.--"When there has been an actual continued occupation of any premises under a claim of title, exclusive of any other right, but not founded upon any written instrument or any judgment or decree, the premises so actually occupied, and no other shall be deemed to be held adversely."

Adverse possession not under written instrument defined. "For the purpose of constituting an adverse possession by a person claiming title, not founded upon some written instrument or some judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only:

1. When it has been protected by a substantial inclosure. 2. When it has been usually cultivated or improved." When time does not run.-"If a person entitled to commence any action for the recovery of real property or to make an entry or defense founded on title to real property or to rents