Articles Tagged: Bayard’s Notebook

Bayard’s Notebook, 86 McCRACKEN’S ADMINISTRATOR v. BRADFORD’S ADMINISTRATOR. Court of Common Pleas of Delaware, New Castle County. December, 1794. The plaintiff had judgment “when assets” and upon that judgment brought this scire facias. Upon the trial the Court ruled that no evidence could be given of assets prior to the judgment. Bayard for plaintiff. Bead […]

Bayard’s Notebook, 57.[*] LESSEE OF WHITE et al. v. WHITE et al. Supreme Court of Delaware, Kent County. March, 1794. [*] This case is also reported in Wilson’s Red Book, 14. READ, C. J., CLAYTON, J. Plaintiff’s counsel offered Gilbert White as a witness. Objected by counsel for defendants that he was a guardian of […]

Bayard’s Notebook, 160 JACOBS v. AYDELOT. Supreme Court of Delaware, Sussex County. October, 1796. Upon affidavit the defendant moved to change the venue from this county to Kent, alleging two grounds in the affidavit: first, that the cause of action arose in Kent; second, that an impartial trial could not be had in Sussex. READ, […]

Bayard’s Notebook, 90.[†] BURTON’S LESSEE v. PRETTYMAN et al. Supreme Court of Delaware, Sussex County. March, 1795. [†] This case is also reported in Wilson’s Red Book, 58. For later proceedings in this case, see id. at 174; Bayard’s Notebook, 199. Page 364 In this cause in his charge to the jury it was stated […]

Bayard’s Notebook, 246 CLOUD v. CLOUD’S ADMINISTRATOR. Supreme Court of Delaware, New Castle County. April, 1799. Bond was payable at the end of one year, and no interest reserved. Jury gave a verdict for the principal and no interest. Page 472 Question was whether they could deny interest after the bond was payable. Verdict was […]

Bayard’s Notebook, 211 CROSAN et al. v. MENDENHALL et al. Supreme Court of Delaware, New Castle County. October, 1797. The plaintiffs showed in evidence a patent granted to them by the State of Delaware dated 22nd June, 1796. The suit was brought to April Term preceding. The warrant was granted, and survey made and returned […]

Bayard’s Notebook, 124 TAYLOR’S LESSEE v. WELLS et al. United States Circuit Court, Delaware District. October, 1795. Page 385 WILSON, [Associate] Justice [of United States] Supreme Court, BEDFORD, District Judge. Ejectment for 1440 acres of cypress swamp. The demise was laid October 1, 1768. The plaintiff had offered in evidence the copy of a deed […]

Bayard’s Notebook, 142.[*] POPE v. JONES’ EXECUTORS. Court of Common Pleas of Delaware, Kent County. July 28, 1796 (Adjourned). [*] This case is also reported in Clayton’s Notebook, 17. Clayton’s headnote is used here. The plaintiff claimed a balance of [£]59.5.0½ due to him on account for work, labor, and materials, and for taxes due […]

Bayard’s Notebook, 71 PACA’S LESSEE v. HAUGHEY et al. United States Circuit Court, Delaware District. October, 1794. The counsel for the plaintiff, having deduced a title to the lands in question to Henrietta, wife of Daniel Dulany, and shown a conveyance of Daniel Dulany and Henrietta, his wife, to Richard Bennett dated the 13th of […]

Bayard’s Notebook, 77.[*] POLK’S LESSEE v. MINNER and THORN. Supreme Court of Delaware, Sussex County. October, 1794. [*] This case is also reported in Wilson’s Red Book, 22. Upon a common rule to take depositions, notice had been given to Minner, the tenant in possession, but none to Thorn, the landlord. For want of notice […]

Bayard’s Notebook, 229 HOPKINS v. TURNER. Court of Common Pleas of Delaware, Kent County. May, 1798. A commission had issued to prove the boundaries of lands and, being executed, was returned. Upon the objection that no notice of the application for the commission was given to Hopkins, the owner of contiguous lands, the Court set […]

Bayard’s Notebook, 89.[*] PEERY’S LESSEE v. BURTON. Supreme Court of Delaware, Sussex County. March, 1795. [*] For earlier proceedings in this case see Bayard’s Notebook, 13; Wilson’s Red Book, 25. Upon the trial of this cause at a former term, the defendants demurred to the plaintiff’s evidence. The plaintiff since the trial having discovered new […]

Bayard’s Notebook, 30 STATE v. SNOWHILL JIM and BENJAMIN JOHNSON. Court of Quarter Sessions of Delaware. December, 1793. Jacob Miller, a free Negro, was offered as a witness for the State, to whose competency Clark and Vandyke, counsel for the defendants, objected upon two grounds: first, that an infamous judgment had been passed upon him; […]

Bayard’s Notebook, 176 BAIL and WIFE v. McCULLOUGH et al. Court of Common Pleas of Delaware, New Castle County. February, 1797 (Adjourned). The plaintiffs brought an action of ejectment for the recovery of an undivided right to land in possession of the defendants. The jury found a special verdict, and the case as connected with […]

Bayard’s Notebook, 249 TRUSTEEE OF LOAN OFFICE v. MAXWELL et al. Court of Common Pleas of Delaware, Kent County. December, 1797. Page 473 This was a scire facias upon a mortgage given to the Trustee of the Loan Office dated 22nd June, 1747, payable by installments. The first payment was due in February, 1749, the […]

Bayard’s Notebook, 186 FOARD v. LOFLAND. Supreme Court of Delaware, Kent County. March, 1797. On the fifth day of September, 1794, the plaintiff had delivered to the defendant 187 bushels of wheat, the defendant promising by his receipt to deliver twenty-five bushels of it to Moses and Benjamin Thomas, and 162 to Jonathan Brown. The […]

Bayard’s Notebook, 17.[*] LESSEE OF LOFLAND v. BLOXSUM. Court of Common Pleas of Delaware, Sussex County. November, 1793. [*] This case is also reported in Miller’s Notebook, 24. Miller and Peery for the plaintiff. Wilson, Read and Bayard for defendant. Counsel for the plaintiff produced the copy of a proprietary warrant dated 2d April, 1760, […]

Bayard’s Notebook, 164.[*] HALL v. WARRINGTON et al. Court of Common Pleas of Delaware, Sussex County. November, 1796. [*] This case is also reported in Wilson’s Red Book, 138. The plaintiff offered in evidence an abstract of a patent granted by Edmond Andros to John Alwards. The abstract contained only the names of the parties, […]

Bayard’s Notebook, 161 HALLOWELL v. KEAN. Supreme Court of Delaware, New Castle County. November, 1796. At this term the plaintiff obtained a verdict against the defendant for a sum exceeding £1000 in an action for a false return as sheriff. Read and Bayard moved for and obtained a rule to show cause why the verdict […]

Bayard’s Notebook, 87.[*] EVANS v. POPE. Court of Common Pleas of Delaware, New Castle County. December, 1795. [*] This case is also reported in Rodney’s Notes, Dec, 1795. The Court, upon objection, ruled that the party’s book was as regular evidence under the Act of Assembly [1 Del. Laws 328] of cash lent as of […]