Clayton’s Notebook, 77
Supreme Court of Delaware, Kent County.
October, 1818.
JOHNS, C. J.,
mentioned a similar case, Clark v. Pennington, in which he said the Court of Common Pleas, New Castle, rejected the evidence. But, on error brought, the point was found unnecessary; plaintiff obtained a verdict on other evidence.
Hall and Clayton argued for plaintiff in the principal case. It is laid down in the books that as against a precedent occupier the record is no evidence. 2 Sell.Pr. 225; 1 Sid. 239; Selw. 673; Esp.N.P. 494. It would be, therefore, against a subsequent one. A purchase of land, though without notice and for a valuable consideration, if made pendente lite, as this must have been, is
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void. 2 P.Wms. 482. Defendant came in under his father and is therefore a privy.
Ridgely, for defendant, withdrew his objection, so the point was not determined.