Articles Tagged: Wells’ Notebook

Wells’ Notebook, 363 ABIER v. JOHN DAZEY. Court of Common Pleas of Delaware. Fall Term, 1807. Petition for freedom. From the evidence adduced, the CHIEF JUSTICE said that his brethren were of opinion that the petitioner was transferred to Isaac Burton, a black man and husband to Abier, by way of gift; and a special […]

Wells’ Notebook, 363 JANE BURTON v. JESSE CANNON. Court of Common Pleas of Delaware. Fall Term, 1807. Petition for freedom. She had been manumitted and sent to Philadelphia, where she was indented as a servant. Her indentures were assigned to several persons, and by the last to Ambrose White, who sold or transferred his right […]

Wells’ Notebook, 353 BENJAMIN BURTON, Executor of Mary Burton, Executor of Woolsey Burton, v. CHARLES McCULLEN, Executor of Rachel Pettit, Administratrix of Edmund Pettit. Supreme Court of Delaware. October, 1807. Bayard, Vandyke, Horsey [and] Cooper for plaintiff Robinson and Wells for defendant. After the plaintiff had gone through his testimony, the defendant moved for a […]

Wells’ Notebook, 366 STATE v. NEGRO ABSOLOM. Court of Quarter Sessions of Delaware. April, 1808. Page 33 Horsey, Attorney General. Cooper and Wells for defendant. The only point which arose in this case was respecting the effect of a confession made by the defendant; some of the company who were endeavouring to extort a confession […]

Wells’ Notebook, 354 RICHARD MONTGOMERY WRITE v. JOSHUA McGEE, Administrator d. b. n. of Caleb Baldy. Supreme Court of Delaware. October, 1807. Horsey, Wells and Robinson for plaintiff, an Vandyke and Cooper for defendant. In order to support an account against the guardian of the plaintiff, a bond was produced signed by the guardian and […]

Wells’ Notebook, 369 WILLIAM JONES’ CASE. Court of Common Pleas of Delaware. April, 1808. An inquisition had been held upon his land, and it was declared by the inquisitors that they would not rent to pay the debts in seven years. A rule was moved for calling upon the plaintiff in sundry executions to show […]

Wells’ Notebook, 373 STATE v. SOLOMON EVANS. Court of Quarter Sessions of Delaware. November, 1808. Wells for defendant. The nuisance [was] committed by the person of whom Evans purchased the farm; to wit, in running the fence across the road — and continued by Evans — but no proof of notice to him to remove […]

Wells’ Notebook, 360 VINSON CLARKSON’S LESSEE v. JOHN STEVENS and GEORGE LOGAN, admitted co-defendant as landlord. Supreme Court of Delaware. March, 1808. Cooper and Wetts for plaintiff. Horsey an Robinson for defendant. The plaintiff claimed as tenant in tail under the will of William `Clarkson, his great grandfather. The land was devised in tail to […]

Wells’ Notebook, 375 STATE v. TYRE. Court of Quarter Sessions of Delaware. November, 1808. Page 39 Bayard, Cooper and Wells for defendant. The same points occurred in this case as did in that of the State v. Negro Absolom. Tyre was a free mulatto. He was indicted for stealing a sheep. The offense was committed […]

Wells’ Notebook, 348 PRICE’S LESSEE v. JOHN SULLIVAN. Supreme Court of Delaware. October, 1807. A printed warrant of March, 1776, with an assignment on it bearing date April 29, 1788, offered by the plaintiff with a view of establishing the assignment. The assignment was made in the presence of two witnesses who had subscribed their […]

Wells’ Notebook, 365 ELZEY SPICER v. JOHN CONOWAY. Court of Common Pleas of Delaware. April, 1808. Trespass quare clausum fregit. Pleas: non culpa, liberum tenementum, and Limitations. New assignment, and same pleas. Robinson and Bayard for plaintiff. Cooper and Vandyke for defendant. The plaintiff claimed to be in possession under a warrant, survey and patent […]

Wells’ Notebook, 357 CAREY v. ROBBINS. Supreme Court of Delaware. March, 1808. Page 25 Horsey and Robinson for plaintiff. Cooper and Wells for defendant. In opening the cause before the jury were drawn, the defendant’s counsel noticed that an objection would be made to the plot returned in this case, which, in consequence of this […]

Wells’ Notebook, 357 CAREY v. ROBBINS. Supreme Court of Delaware. March, 1808. Page 25 Horsey and Robinson for plaintiff. Cooper and Wells for defendant. In opening the cause before the jury were drawn, the defendant’s counsel noticed that an objection would be made to the plot returned in this case, which, in consequence of this […]

Wells’ Notebook, 373 STATE v. JOHN NEILLE et al. Orphans’ Court of Delaware. 1808. Rule to show cause why an attachment should not issue on the defendants for contempt of this court in marrying one of its Page 38 wards without permission. The ward was Betsy Neille, thirteen years of age last October, her husband, […]

Wells’ Notebook, 363 TRUITT THOMPSON v. MESSICK. Supreme Court of Delaware. Fall Term, 1807. Willey, a referee, called to prove the attendance of one of the parties, in answer to an objection that it was heard by the referee ex parte. The majority of the Court agreed to admit the evidence. Cooper and Vandyke in […]

Wells’ Notebook, 364 POLLOCK v. TURPIN. Court of Common Pleas of Delaware, Semble. 1807. Page 31 Trespass for taking a distress for rent before rent was due. Robinson and Horsey for plaintiff. Cooper and Hall for defendant. PER CURIAM. If the articles enumerated in the declaration, which the plaintiff alleges he left in the house, […]

Wells’ Notebook, 362 STATE v. HUDSON, RUSSEL, et al. Court of Quarter Sessions of Delaware. 1797. The defendants entered Marvel’s house to execute a writ of homine replegiando to obtain possession of a Negro about to be exported. It appeared that the sheriff’s deputy had deputized a person to serve the writ, and the counsel […]

Wells’ Notebook, 369 ROSS v. CANNON. Court of Common Pleas of Delaware. April, 1808. Action of debt on a bond for £80, with an agreement that it should be discharged upon the payment of two hundred bushels of corn, if delivered by a certain time. Page 35 Cooper and Horsey for plaintiffs, an Bayard and […]