LEWIS v. PURNELL, 1 Del. Cas. 573 (1818)

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

Page 574

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.