JONES v. McKENNAN, 2 Del. Cas. 106 (1798)

Rodney Notes

LEWIS JONES, Administrator, v. WILLIAM McKENNAN.

Court of Common Pleas of Delaware, New Castle County.
May 28, 1798.

Bayard [for plaintiff]. [for defendant].

Rodney. Objects this certificate signed by Simmon, accountant of the War Department, is not the best evidence.

Bayard. This copy is under seal of office, and is the best evidence to prove defendant was in possession of those final situs certificates. Court admitted them to go in evidence.

Rodney. We rely on the Act of Limitations from the year 1784 to 1796, or twelve years we were not called on. By Act of

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Assembly action should be brought within six years unless exceptions to take the case out.

Bayard. McKennan got this property in his possession as a public agent or trustee, and in no case will the Act run against trustee, nor in case of frauds.

Court were of opinion the Act did not run in this case.

Verdict for plaintiff, $345.76.