Articles Tagged: Clayton’s Notebook

Clayton’s Notebook, 78 HART v. WRENCH. Supreme Court of Delaware, Kent County. October, 1818. Page 575 Appeal from an order of the Orphans’ Court assigning Mrs. Wrench, the respondent, her dower under 5 Del. Laws 175, c. 95, s. 2. And the fact in dispute was whether the respondent was or not under the age […]

Clayton’s Notebook, 121 [ANONYMOUS.] Orphans’ Court of Delaware, New Castle County. April, 1819. Page 615 Decided in New Castle, CHANCELLOR RIDGELY, (Orphans’ Court) April, 1819, that the indorsers on an accommodation note might all be compelled to contribute alike.

Clayton’s Notebook, 78 DAVIS v. DAY. Supreme Court of Delaware, Kent County. October, 1818. Certiorari to John Mansfield, Esq., one of the Justices of the Peace for Kent County, requiring him to send up the record of his proceedings in a certain case in which Mathias Day was plaintiff, and Isaac Davis defendant. The process […]

Clayton’s Notebook, 121 FARMERS BANK v. SIMMONS. Supreme Court of Delaware, New Castle County. March, 1819. Query. Whether a bank director be a good witness to prove notice to indorser of non-payment by drawer. Court divided. JOHNS thought Mr. Brinckle, the director, incompetent. JUSTICE DAVIS, contra. So he was admitted. Bill of exceptions.

Clayton’s Notebook, 30 N. BUCKMASTER v. J. BUCKMASTER and WIFE, Executrix of G. Buckmaster. Court of Chancery of Delaware, Kent County. August, 1814. On an affidavit of Joseph Buckmaster, one of the defendants, being filed, stating that the complainant removed out of the state soon after filing his bill, and that he had for a […]

Clayton’s Notebook, 122 STATE v. MARY REASONS. Court of Quarter Sessions of Delaware, Kent County. May, 1819. J. M. Clayton and A. L. Hayes for the prisoner. Matilda Brown died about August 8th. Mary Reasons, a free Negro, came to labor in the house of deceased on [the] 11th, to clean up after her death […]

Clayton’s Notebook, 20 MITCHELL v. TOWNSEND. Semble Court of Common Pleas of Delaware, Kent County. 1797. Page 498 This case came before the Court on a rule to show cause why the sale of the defendant’s lands should not be set aside. Hall, for the defendant, stated three grounds upon which the rule was to […]

Clayton’s Notebook, 18.[*] SIMPSON and WIFE v. HILLFORD, Administrator of Hillford.[1] Court of Common Pleas of Delaware, Kent County. July, 1796. [*] This case is also reported in Bayard’s Notebook, 143. [1] In the account of this case by Bayard the name is spelled Helford. Assumpsit. Matthew Hillford by his last will and testament dated […]

Clayton’s Notebook, 183 JAMES SORDEN v. HOOPER, HOPKINS et al. Supreme Court of Delaware. March, 1814. An old survey, never returned, coming among title papers and accompanied with possession, [held] evidence of a title. The surveyor’s hand was proved by comparison. Clayton and Brinckle pro querentem. Hall and Vandyke for defendants. Page 639

Clayton’s Notebook, 180 J. and L. ROBINSON v. JESSE HARRIS’ LESSEE. High Court of Errors and Appeals of Delaware. June, 1818. Ejectment. The plaintiffs,[2] tenants in common of the lands in question, mortgaged them to one Evans and afterwards conveyed them to Harris by deed of bargain and sale. An ejectment was subsequently brought by […]

Clayton’s Notebook, 55 FREENSY v. ADAMS. Supreme Court of Delaware, Kent County. October, 1815. This cause was at issue and on the list for trial at this term. The defendant made oath of the absence of a material witness, who had been summoned for the first time since the commencement of the term; wherefore his […]

Clayton’s Notebook, 177 GILDER’S ADMINISTRATORS v. GILDER. Court of Common Pleas of Delaware, Kent County. November, 1814. The intestate had been guardian of the defendant, and this action was brought for the recovery of money overpaid. Clayton, for plaintiff, to prove a balance overpaid and due to the guardian, offered in evidence his settlement before […]

Clayton’s Notebook, 27 MITCHELL’S CASE. Court of Common Pleas of Delaware, Kent County. November, 1814. On motion of Ridgely for Mitchell, the purchaser, the Court granted a rule to show cause why the sale of certain lands made by the sheriff under a writ of venditioni exponas should not be set aside. The ground of […]

Clayton’s Notebook, 45 STATE v. CALEB COXE. Court of Quarter Sessions of Delaware. May 9, 1815. Coxe’s goods had been distrained for rent, and Fleetwood went to his house for the purpose of selling them. The goods were in Coxe’s dwelling house, and the outer door of it was shut. Fleetwood advanced towards the door, […]

Clayton’s Notebook, 44 ANONYMOUS. Supreme Court of Delaware, Kent County. March, 1815. The clerk by mistake had made many writs of fieri facias an venditioni exponas returnable a week before the commencement of the term, and sales had in several instances taken place under them. On mention made of the fact, the Court directed that […]

Clayton’s Notebook, 183 J. W. NORRIS, Administrator of J. Summerl, v. J. DAUPHIN’S ADMINISTRATORS. High Court of Errors and Appeals of Delaware. August, 1814. Appeal from a decree of the Chancellor. In August Term, 1813, the death of the appellant Summerl, who was defendant below, was suggested on the record and a rule was obtained […]

Clayton’s Notebook, 4.[*] STATE v. SMITH and WROTTON. Court of Quarter Sessions of Delaware, Kent County. December, 1796. [*] This case is also reported in Bayard’s Notebook, 167; Rodney’s Notes, December 7, 1796. Indictment for kidnapping against the Act of Assembly, June 14, 1793 [2 Del. Laws 1093]. One John Ralston was produced by Ridgely, […]

Clayton’s Notebook, 34 LAYTON v. POLK. Supreme Court of Delaware, Kent County. October, 1814. Certiorari to bring up the proceedings and records from the court of a Justice of the Peace. Page 517 The first record was as follows: Kent County ss. (seal) The State of Delaware To any constable of said county greeting: You […]

Clayton’s Notebook, 78 BROWN’S ADMINISTRATOR v. MIFFLIN. Supreme Court of Delaware, Kent County. October, 1818. This suit was discontinued by the plaintiff, Thomas Lockwood, who after applied to the Court for a rule to have it reinstated on the ground: first, that there was a good cause of action; second, that the defendant imposed on […]

Clayton’s Notebook, 45.[†] JAMES ROBINSON’S ADMINISTRATORS v. WILLIAM DAVID. Court of Common Pleas of Delaware, Kent County. May, 1815. [†] This account of this case is repeated infra, Clayton’s Notebook, 176. It was said by the Court in their charge, “That an admission. by a witness in the course Of his examination of his having […]