“This was a bill for dower in two tracts of land, which had been sold and conveyed by the husband on the 28th of October 1776 to P. Marchinton, who conveyed the same to general Humpton, under whom the defendant claims, and for rents and profits since the institution of this suit. The answer admits the right of the plaintiff to dower in one of the tracts of land, but insists that considerable improvements have been placed upon the land by the defendant, and by general Humpton under whom he claims. Under a former order of the court, since the institution of this suit, the master was directed to report the value of the rents and profits of the tract of land in which the right of dower is admitted, excluding the improvements made upon the land by the defendant, and those under whom he claims, and also including them; who reported, that the rents and profits in the former instance were of the value of $60 a year, and in the, latter $300. The cause now came on upon this report, which was not excepted to, for a final hearing.”
4 Wash. C. C. 305