His Honor, in sustaining thedemuirer to the jurisdiction, was of the opinion that the right lo “apply for assignment of dower by petition in the Superior Court as in other cases of special proceedings” (The Code, §2111) “is a legal right, and personal to the widow, and cannot be assigned to another; and that the sale by the widow of her right of dower, before dower was assigned to her according to law, was an equilable assignment of her right, to be enforced in a court of equity by a civil action, and not by a special proceeding, and that the Clerk had no jurisdiction.” The ruling is supported by several decisions of this Court. Potter v. Eoeritt, 7 Ired. Eq., 152; Tate v. Powe, 64 N. C., 644; Efland v. Efland, 96 N. C., 488.

Affirmed.