Articles Tagged: Bayard’s Notebook

Bayard’s Notebook, 96 WOOLASTON’S LESSEE v. SPRINGER et al. Supreme Court of Delaware, New Castle County. April, 1795. Defendants, being called upon to confess lease, entry, and ouster, offered to confess for part, and moved for leave to ascertain the part of the land for which they were willing to take defense. Plaintiff’s counsel insisted […]

Bayard’s Notebook, 198.[*] JOY et al. v. MARSHALL. Court of Common Pleas of Delaware, Kent County. May 15, 1797. [*] This case is also reported in Clayton’s Notebook, 22; Rodney’s Notes, May 13, 1797. Page 440 The plaintiffs sold 275 bushels of wheat to the defendant. The defendant gave to the plaintiffs a note stating […]

Bayard’s Notebook, 95 RHEA’S LESSEE v. WILLIAMS et al. Supreme Court of Delaware, Sussex County. March, 1795, Wilson for the defendant moved for a nonsuit because no conveyance was shown from Jeremiah Jadwin, the patentee, to Henry Hooper, who devised the land in 1720 and under whom the plaintiff claimed. READ, C. J., said he […]

Bayard’s Notebook, 140 STATE, for the use of E. REYNOLDS, v. HENRY REYNOLDS. Court of Common Pleas of Delaware, Kent County. July, 1796 (Adjourned). Scire facias sur recognizance given in the Orphans’ Court by defendant upon his accepting the lands of Richard Reynolds, deceased. Plea, nul tiel record. Upon the trial before the Court, Miller […]

Bayard’s Notebook, 194.[*] GRAY v. HALL. Court of Common Pleas of Delaware, Sussex County. May, 1797. [*] This case is also reported in Wilson’s Red Book, 161. The first count in the declaration stated that the defendant had been appointed guardian of the plaintiff and that upon a settlement of his account a certain balance […]

Bayard’s Notebook, 226 GRAY et al. v. STIDHAM’S ADMINISTRATORS. Court of Common Pleas of Delaware, New Castle County. December, 1798. Page 458 This was a scire facias brought upon a judgment obtained against Stidham in his life. Defendant pleaded, inter alios, that there were debts due to inhabitants of this government and no assets ultra. […]

Bayard’s Notebook, 229.[*] VANDERGRIFT v. HAUGHEY’S ADMINISTRATOR. Court of Common Pleas of Delaware, New Castle County. May, 1798. [*] This case is also reported in Rodney’s Notes, May, 1708. Bayard moved to set aside the sale of the intestate’s real estate, which had been made upon the execution issued in this case. It appeared that […]

Bayard’s Notebook, 143.[*] SIMPSON and WIFE v. ROBERT HELFORD, Administrator of Thomas Helford.[1] Court of Common Pleas of Delaware, Kent County. July, 1796 (Adjourned). [*] This case is also reported in Clayton’s Notebook, 18. [1] In the account of this case in Clayton’s Notebook the name is spelled “Hillford.” The plaintiff’s wife was one of […]

Bayard’s Notebook, 128.[*] BURTON v. KILLAM. Court of Common Pleas of Delaware, Sussex County. November, 1795. [*] This case is also reported in Wilson’s Red Book, 94. To this action [of] covenant the defendant pleaded non infregit conventionem. Upon the trial Wilson contended that the issue was misjoined and that the plaintiff could not have […]

Bayard’s Notebook, 217 JAMES McKNIGHT v. ENOCH WELSH, Garnishee of William Ellison for Attachment. THOMAS MENDENHALL, Indorsee of William Ellison, v. ENOCH WELSH. Supreme Court of Delaware, New Castle County. October, 1797. Page 452 To this [second] action the defendant pleaded the attachment of McKnight, and, both causes standing on the trial list at the […]

Bayard’s Notebook, 166.[*] STATE v. EMERY.[2] Court of Quarter Sessions of Delaware, Kent County. November, 1796. [*] This case is also reported in Rodney’s Notes, Dec. 1, 1796. [2] In the account of this case in Rodney’s Notes the name is spelled “Emory.” Page 416 Upon the trial Bedwel Maxwell, offered as witness for defendant, […]

Bayard’s Notebook, 98.[*] WRIGHT’S LESSEE v. CANNON. High Court of Errors and Appeals of Delaware. August, 1795. [*] This case is also reported in Wilson’s Red Book, 240; Rodney’s Notes, Aug., 1796. Page 369 Present: KILLEN, Chancellor, READ, Chief Justice of Supreme Court, BASSETT, Chief Justice [of the] Common Pleas (he had not sat in […]

Bayard’s Notebook, 63.[*] EVANS et al. v. BOGGS. Supreme Court of Delaware, New Castle County. April, 1794. [*] This case is also reported in Wilson’s Red Book, 13. In last vacation defendant pleaded three pleas, to wit: (1) non est factum (2) payment (3) discount. In this term, Read moved to strike out either the […]

Bayard’s Notebook, 42 STATE v. WATT’S EXECUTORS. Court of Common Pleas of Delaware, New Castle County. December, 1793. Upon the trial of this cause, a copy of an inventory certified from the Register’s office of one Mary Scully’s effects, for whose Page 341 administrator the defendants’ testator was security in an administration bond, was offered […]

Bayard’s Notebook, 96 WOOLASTON’S LESSEE v. SPRINGER et al. Supreme Court of Delaware, New Castle County. April, 1795. Defendants, being called upon to confess lease, entry, and ouster, offered to confess for part, and moved for leave to ascertain the part of the land for which they were willing to take defense. Plaintiff’s counsel insisted […]

Bayard’s Notebook, 198.[*] JOY et al. v. MARSHALL. Court of Common Pleas of Delaware, Kent County. May 15, 1797. [*] This case is also reported in Clayton’s Notebook, 22; Rodney’s Notes, May 13, 1797. Page 440 The plaintiffs sold 275 bushels of wheat to the defendant. The defendant gave to the plaintiffs a note stating […]

Bayard’s Notebook, 95 RHEA’S LESSEE v. WILLIAMS et al. Supreme Court of Delaware, Sussex County. March, 1795, Wilson for the defendant moved for a nonsuit because no conveyance was shown from Jeremiah Jadwin, the patentee, to Henry Hooper, who devised the land in 1720 and under whom the plaintiff claimed. READ, C. J., said he […]

Bayard’s Notebook, 140 STATE, for the use of E. REYNOLDS, v. HENRY REYNOLDS. Court of Common Pleas of Delaware, Kent County. July, 1796 (Adjourned). Scire facias sur recognizance given in the Orphans’ Court by defendant upon his accepting the lands of Richard Reynolds, deceased. Plea, nul tiel record. Upon the trial before the Court, Miller […]

Bayard’s Notebook, 194.[*] GRAY v. HALL. Court of Common Pleas of Delaware, Sussex County. May, 1797. [*] This case is also reported in Wilson’s Red Book, 161. The first count in the declaration stated that the defendant had been appointed guardian of the plaintiff and that upon a settlement of his account a certain balance […]

Bayard’s Notebook, 226 GRAY et al. v. STIDHAM’S ADMINISTRATORS. Court of Common Pleas of Delaware, New Castle County. December, 1798. Page 458 This was a scire facias brought upon a judgment obtained against Stidham in his life. Defendant pleaded, inter alios, that there were debts due to inhabitants of this government and no assets ultra. […]