Articles Tagged: Clayton’s Notebook

Clayton’s Notebook, 180 JACOB BROOM’S EXECUTOR v. DAVID ALRICKS. High Court of Errors and Appeals of Delaware. June, 1818. The plaintiff below proved that the subscribing witness was out of the state, and then offered to prove the handwriting of the witness and of the maker, which the Court refusing to admit, verdict was found […]

Clayton’s Notebook, 84 BANK v. POLK. Court of Common Pleas of Delaware, Sussex County. November, 1817. [DECLARATION.] And whereupon the said President Directors and Company of the Farmers and Mechanics Bank of Delaware, by Peter Robinson, their attorney, say that whereas the said Thomas Townsend, on the twenty-fourth day of September in the year of […]

Clayton’s Notebook, 15.[*] SYKES v. GOLDSBOROUGH, Administrator of Goldsborough. Court of Common Pleas of Delaware, Kent County. May, 1796. [*] This case is also reported in Bayard’s Notebook, 137. Case against defendant as executor de son tort of Robert Goldsborough. Defendant pleads he is administrator and not executor, Page 492 and issue joined thereupon. The […]

Clayton’s Notebook, 121 MOLLESTON v. COOPER. Court of Common Pleas of Delaware. c. 1809-1819. It has been determined in Delaware that a sheriff’s sale of lands is not within the Statute of Frauds and need not be in writing, on solemn argument in Molleston v. Cooper, which was for the purchase money, and plaintiff recovered. […]

Clayton’s Notebook, 90 COMMERCIAL BANK, Indorsee of Walter Douglass, v. ROSS. Court of Common Pleas of Delaware, Kent County. May 10, 1819. Page 587 Ridgely and Hall for plaintiff. C. Rodney an Brinckle for defendant. Defendant’s counsel were out of court when the cause was called, and plaintiff’s counsel thought the witnesses for defendant were […]

Clayton’s Notebook, 23 GRIER v. BROOK’S ADMINISTRATORS. Court of Common Pleas of Delaware, Kent County. December, 1797. The letter was first read and then [there testified] Johns, J., who had in Nicholas Brook’s life brought action against him as attorney for plaintiff [and] who, after the death of Nicholas Brook, had called at the house […]

Clayton’s Notebook, 49 FINTHSWAITE v. WHITE and WIFE. Court of Chancery of Delaware, Kent County. August, 1815. The former husband of White’s wife died, having by his will devised the residue of his estate, after the payment of his debts, to his son, with a provision that his wife should have the said residue to […]

Clayton’s Notebook, 58 STATE v. JAMES CLARK. Court of Common Pleas of Delaware, Kent County. May 4, 1818. Indictment for an assault on R. Catlin. Catlin was one of the officers of a camp meeting at which Clark was behaving disorderly. Catlin interfered to prevent it, upon which Clark, moving a knife which he held […]

Clayton’s Notebook, 43 TRUITT’S CASE. Court of Common Pleas of Delaware. December 3, 1814. Truitt, on a proper petition, had obtained a rule on his creditors to show cause today why he should not be discharged out of prison under the Insolvent Acts, but, having found it impossible to give them notice on account of […]

Clayton’s Notebook, 62.[*] DEHORTY’S LESSEE v. JONES et al. High Court of Errors and Appeals of Delaware. June, 1818. [*] This case is also reported in Ridgely’s Notebook II, 142. Supreme Court. Kent. October, 1815. The merits of this case turned upon the validity of a condition annexed to a devise in fee simple, “To […]

Clayton’s Notebook, 115 STATE v. EVAN LEWIS. Court of Quarter Sessions of Delaware, Kent County. November, 1818. Indictment for a conspiracy with one John Riley, deceased, to charge a Mr. Wallace with an attempt to commit a rape on N. Riley, the wife of J. Riley’s brother. Mr. Bell, a grand juror, swore that N. […]

Clayton’s Notebook, 59 STATE v. JOHN TUMLIN. Court of Common Pleas of Delaware, Kent County. May, 1818. In this case the Court held that horse racing is indictable, though no liquor is sold on the ground; and this on the Statute, 2 Del. Laws 866. T. Clayton, for defendant, objected that by 2 Del. Laws […]

Clayton’s Notebook, 71.[*] C. ANDERSON v. HENRY COLESBERRY, Executor of Levi Colesberry. High Court of Errors and Appeals of Delaware. June, 1818. [*] This case is also reported in Ridgely’s Notebook II, 105. [BILL OF EXCEPTIONS.] New Castle County, ss. Henry Colesberry, late of the county aforesaid, executor of the last will and testament of […]

Clayton’s Notebook, 53 ABRAHAM PIERCE v. ROBERT PATTERSON. Supreme Court of Delaware, Kent County. October, 1815. Motion for a new trial without costs, on the ground that the jury had drawn lots for the verdict. Robert Catlin, who was bailiff to the jury, was produced as a witness to prove that the case was decided […]

Clayton’s Notebook, 177 ROBINSON v. PERKINS. High Court of Errors and Appeals of Delaware. 1813. Vandyke cited the case of Bail v. McCullough determined in New Castle at [ ___ ] Term [ ___ ][2] to prove the very extensive jurisdiction exercised by that Court [of] Chancery. There being a suit between the parties at […]

Clayton’s Notebook, 47 PEACOCK, for the Use of DICKINSON, v. WALKER. Circuit Court of the United States of Delaware, New Castle County. June, 1815. This was an action for treble damages for making and vending Peacock’s patent ploughs. Page 534 Defendant offered to prove a parol license from Peacock, the patentee, to do so. But, […]

Clayton’s Notebook, 36 JOSEPH BARKER v. THOMAS REYNOLDS. Court of Common Pleas of Delaware. December 3, 1814. Assumpsit for goods sold and delivered. Pleas, payment and discount. Page 519 One Orrell kept a store for the plaintiff, and he being dead, the Court on proof made that the book of original entries was in his […]

Clayton’s Notebook, 55 SETH GODWIN v. RICHARD DOWNHAM. Supreme Court of Delaware, Kent County. October, 1815. Debt on bond by the plaintiff as assignee of the obligees. The cause was tried by consent without any narratio filed. The defendant pleaded payment and adjudication under the Insolvent Acts. When the bond was produced at the trial, […]

Clayton’s Notebook, 27 STATE v. SAMUEL PATTISON. Supreme Court of Delaware, Kent County. October, 1814. Defendant had been committed to jail on refusing to find sureties for his good behavior etc. The commitment was made by Benjamin Blackiston, a Justice of the Peace. The sureties for good behavior were demanded on the ground of a […]

Clayton’s Notebook, 178.[*] WILSON v. NEGRO GEORGE. High Court of Errors and Appeals of Delaware. June, 1818. [*] This case is also reported in Ridgely’s Notebook II, 110. Defendant had filed his petition in the Common Pleas suggesting that, although a freeman, he was held in servitude by Wilson and praying relief under 1 Del. […]