It may fairly be argued, since the case of Payne v. Becker (87 N. Y., 153), that the wife’s mortgage conveyed her inchoate right of dower to the mortgagee. If that be so, now that the right has become vested, it may be applied to the payment of the mortgage debt.
We are not disposed to interfere with the judgment below, which must be affirmed, but as the question is new, without costs.
Dtkman, J., concurred; Babnard, P. J., not sitting.Judgment affirmed, without costs.