Articles Tagged: Wilson’s Red Book

Wilson’s Red Book, 326[*] JACOB BARNEY’S LESSEE v. BARCLAY TOWNSEND, JAMES BENSTON, JOSHUA HOPKINS et al. Supreme Court of Delaware. March 23, 1801. [*] Pages numbered 326-372 in Wilson’s Red Book are found inserted following the title-page of the manuscript. Horsey and Wilson for plaintiff. Cooper, Vining, Ridgely and Bayard for defendants. The action was […]

Wilson’s Red Book, 86 JOSEPH BURTON v. HEARN. Court of Common Pleas of Delaware. November, 1795. Defendant took plaintiff’s Negro to Carolina to sell for him; he sold him at a disadvantage; but offered plaintiff £55, which he refused and brought this suit. BASSETT, C. J. (Charge.) Whenever the proper time by law comes about […]

Wilson’s Red Book, 58[*] THOMAS BURTON’S LESSEE v. WILLIAM, ROBERT, JOSEPH and BENJAMIN PRETTYMAN. Supreme Court of Delaware, Sussex County. March 23, 1795. [*] This case is also reported in Bayard’s Notebook, 90. Ejectment for lands in Indian River Hundred. Miller and Bayard for plaintiff.[1] [1] The report of this case in Bayard’s Notebook, 90, […]

Wilson’s Red Book, 146 HARMONSON’S ADMINISTRATRIX v. WALKER’S ADMINISTRATRIX. Supreme Court of Delaware. October, 1797. PER CURIAM. We never quash an execution after the term to which it is returnable. Enter this by consent. Page 122

Wilson’s Red Book, 144 NEGRO JEMIMA v. WILLIAM ROSS. Court of Common Pleas of Delaware. November 19, 1796. Ridgely [for plaintiff]. Wilson [for defendant]. Evidence. Mr. Richards, from whom defendant claimed as heir in 1789, in his death-bed sickness by an instrument witnessed and acknowledged before a justice manumitted the plaintiff (this was agreed to […]

Wilson’s Red Book, 25[*] AARON PEERY’S LESSEE v. JOSEPH BURTON. Supreme Court of Delaware. October, 1794. [*] This case is also reported in Bayard’s Notebook, 73. Plaintiff offered in evidence a deed by an administrator duly acknowledged and recorded and also in support of the deed a copy of a conveyance bond taken out of […]

Wilson’s Red Book, 94[*] WOOLSEY BURTON v. THOMAS KELLUM.[1] Court of Common Pleas of Delaware, Sussex County. November, 1795. [*] This case is also reported in Bayard’s Notebook, 128. [1] The defendant’s name is spelled “Killam” in the report of this case in Bayard. Covenant. We proved defendant sick of a mortification in hi leg. […]

Wilson’s Red Book, 265 WARRINGTON’S ADMINISTRATORS d. b. n. v. SARAH WARRINGTON. Court of Common Pleas of Delaware, Sussex County. November 15, 1799. William Paynter and Jesse Williams, administrators de bonis non of Joseph Warrington, preferred a petition under the Act of Assembly [1 Del. Laws 292] for sale of intestate’s lands or so much […]

Wilson’s Red Book, 87 DAVID RICHARDS v. EZEKIEL SMITH. Court of Common Pleas of Delaware. November, 1795. Case. Plaintiff had taken a deposition under a rule of court, but irregularly; he gave it to me, and finding it not to answer the Page 79 purpose, I did not file it; defendant’s counsel, on the trial, […]

Wilson’s Red Book, 201[*] JAMES DOUGLASS, Administrator d. b. n. of Ann Vaughan, v. TRUSTIN LAWS POLK, Executor of William Polk, Executor of Edward Vaughan. Court of Common Pleas of Delaware, Sussex County. April, 1798. [*] This case is also reported in Rodney’s Notes, April, 1798. Case. Assumpsit to recover a balance of Ann Vaughan’s […]

Wilson’s Red Book, 195[*] HENRY WINGATE v. JOSEPH MELSON. Court of Common Pleas of Delaware, Sussex County. April, 1798. [*] This case is also reported in Rodney’s Notes, April, 1798. Wilson for plaintiff. Miller and Peery for defendant. Defendant’s counsel, before the jury were sworn, were about to enter as pleas non culpa, liberum tenementum, […]

Wilson’s Red Book, 182 EDWARD STAPLEFORD’S LESSEE v. THOMAS HOLLIGER, DAVID BURTON, and NANCY, his Wife, and JOSEPH SPENCER. Court of Common Pleas of Delaware, Sussex County. November 23, 1797. Ejectment for Mount Holly etc. Demise from February 20, 1792, seven years. Peery and Ridgely for plaintiff. Miller and Wilson for defendants. When Peery said […]

Wilson’s Red Book, 70 WILLIAM STAFFORD v. DAVID RICHARDS. Court of Common Pleas of Delaware, Sussex County. April, 1795. Slander. William Stafford employed A. B.’s Negro to steal his money, and that the Negro handed the money in a box to William Stafford, etc. Proof that defendant said the conjuror told him so. Bayard for […]

Wilson’s Red Book, 109[*] STATE v. LAZARUS TURNER. Supreme Court of Delaware. March 16, 1796. [*] This case is also reported in Bayard’s Notebook, 131. Bayard and Ridgely for plaintiff. Peery Miller an Wilson for defendant. Charles Robinson challenged as a juror and proved by a witness to be a cousin to prosecutor. 3 Bac.Abr. […]

Wilson’s Red Book, 246 LESSEE of CHARLES BROWN et al. v. WILLIAM STAYTON. Supreme Court of Delaware, Sussex County. October 11, 1799. Page 233 Bayard and Ridgely for plaintiffs. Broom and Wilson for defendant. Defendant’s counsel had taken defense for so much of defendant’s patent, called “Puzzle,” as lay westward of a patent to George […]

Wilson’s Red Book, 19[*] ISAAC MOORE v. JOSHUA WRIGHT. Court of Common Pleas of Delaware, Sussex County. May 1, 1794. [*] This case is reported incompletely in Miller’s Notebook, 62. Debt [£]37.10.0. Narratio. Non est factum. Fraud, payment, with liberty etc. Ridgely and Wilson for plaintiff. Hall and Perry for defendant. Plaintiff’s witness, John Twiford, […]

Wilson’s Red Book, 191 JAMES BRATTEN’S, JOHN MITCHELL’S and CYRUS MITCHELL’S LESSEE v. ELIJAH WOOTTEN and ISAAC BENSON. Court of Common Pleas of Delaware, Sussex County. April 24, 1798. Ejectment for Hound’s Ditch and Callaway’s Neglect, a joint demise. Coram BASSETT, C. J., RODNEY and JOHNS, JJ. Miller and Peery for plaintiffs. Ridgely for defendants. […]

Wilson’s Red Book, 10[*] MARY SMITH v. SARAH HORSEY, now Robinson. Court of Common Pleas of Delaware. November, 1793. [*] This case is also reported in Read’s Notebook, 11. Evidence that plaintiff’s father in a merry humor and drunk gave the negro in question to plaintiff when a little girl because she and another danced […]

Wilson’s Red Book, 5[*] JOHN ODAY v. JOHN WILLIS. Supreme Court of Delaware. November, 1793. [*] This case is also reported in Read’s Notebook, 1. Case for these words “you killed your child, and wounded your wife, and I can prove it.” Defendant by his counsel said the words not spoken with an evil intention, […]

Wilson’s Red Book, 36 WILLIAM PASSWATERS v. CLOUDSBROUGHT WARREN. Court of Common Pleas of Delaware. November, 1794. Page 38 Plaintiff to prove his possession showed title, a warrant dated in April, 1743. Three assignments proved, and a deed from the last assignee. The field works of William Polk were read on proof of the handwriting, […]