Clayton’s Notebook, 29
Court of Common Pleas of Delaware, Kent County.
November, 1813.
Ejectment. Jane Butler, the plaintiff, was heir at law to her brother Nathaniel Butler, who died 1784, seised in fee of the premises in question, leaving a wife but no children. The widow entered on the premise’s, and in 1785 married one Foreman, who after her death, which happened [in] 1793, sold to one Wright, under whom defendant claimed.
Question. Is the lessor of plaintiff barred by the Act of Limitations?
Clayton for plaintiff. The possession of the tenant in dower was not adverse. It is like the case of one tenant in common in possession of the whole. Esp.N.P. 433. And at all events we must recover a moiety, as we had no right of entry on the widow’s part until 1793; and so not barred by Chapter 40c, 2 Del. Laws [1155].
Hall [for] defendant.
Court (CHIEF JUSTICE BOOTH and JUSTICE HALL) divided and gave no charge.
Verdict for plaintiff for the whole.
NOTE. It was understood that the verdict of the jury was in conformity with the opinion of the Chief Justice.