RODNEY v. CUMMINS, 1 Del. Cas. 447 (1797)

Bayard’s Notebook, 210

RODNEY v. CUMMINS.

Supreme Court of Delaware, Kent County.
October, 1797.

A principal plea relied on was the Act of Limitations.

It appeared in evidence that the corn grew on a farm called “Crawford Reece’s Place,” the property of the plaintiff, and had

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been seized and sold in April, 1792, by one Guy, a Deputy Sheriff, upon an execution against Thomas Rodney, the father of the plaintiff. The defendant, at the time, was Sheriff of the county.

In order to take the case out of the Act of Limitations, one David Smith was examined as a witness for plaintiff, who said he had some talk the other day with the defendant, who asked him if he forewarned the Sheriff from taking the corn and talked to him about Guy’s taking the corn and said it grew upon Hartfield.

This evidence the Court held a sufficient acknowledgment of the cause of action to take the case out of the Act of Limitations.

Fisher and Bayard for plaintiff. Ridgely for defendant.