DUNLAP v. JAMES BROWN, 1 Del. Cas. 148 (1797)

Wilson’s Red Book, 168

Court of Common Pleas of Delaware, Sussex County.
March 6, 1797.

Judgment, July 3, 1795, venditioni and lands sold. And motion to set aside an execution and open judgment on proof that defendant, who is since dead, was drunk at the time and had been for two weeks incapable of business when he signed the bond and warrants of attorney. That afterwards he did not know until informed that he had given them. That these were foreign debts, and the estate was insolvent.

PER CURIAM. BASSETT, C. J.

It is contrary to our rules to set aside an execution returned to a former term; there ought to be times within which people ought to apply for redress.

JOHNS, J. This would be a total loss of plaintiffs’ debt, being foreigners and the estate insolvent; a court of equity would compel the party claiming justice also [to] do it himself.

RODNEY, J., accordant.

Miller and Hall for plaintiff. Wilson for defendant.