Roger B. Taney

“ A motion has been made, to dismiss the case, upon the ground, that it was a proceeding at law, and not in equity, and that under the acts of congress regulating the appellate jurisdiction of this court, the case cannot be brought here by appeal; and that we have no jurisdiction to revise the judgment of the territorial court, unless it is brought up by writ of error. The question may, perhaps, seem to be rather one of form than of substance. But, nevertheless, it is our duty to conform to the acts of congress ”

“ The courts have always strictly maintained this distinction between the two modes of proceeding. United States v. Hanson, 1 Gall. 21; The San Pedro, 2 Wheat. 141. In the case of Ward v. Gregory, 7 Pet. 633, this court dismissed an appeal from a judgment rendered in the proceedings upon a mandamus, which were not proceedings in a case of equity, admiralty, or prize or no prize. The proceedings for the assignment of dower certainly falls as little within either of these classes of cases as those upon a mandamus. They are common-law proceedings ”

“ On the 18th of December 1838, the sheriff returned the writ with an inquisition or report of certain freeholders summoned by him, allotting to the widow as her dower certain portions of the real estate, negroes and property, being the one-half of the gross amount of said estate in quantity and value. ”