Articles Tagged: Wilson’s Red Book

Wilson’s Red Book, 121[*] JOHN GRAVINSTON v. JOHN FREEMAN. Supreme Court of Delaware, Kent County. March, 1796. [*] This case is also reported in Clayton’s Notebook, 11, where the plaintiff’s name is spelled “Gavinston.” Fisher and Miller for plaintiff. Ridgely for defendant. This was an action of assumpsit commenced by the plaintiff, assignee, against defendant, […]

Wilson’s Red Book, 14.[†] GILPIN v. GILPIN. Supreme Court of Delaware, New Castle County. October, 1793. [†] This case is also reported in Bayard’s Notebook, 50; Read’s Notebook, 16. This was a writ of error upon a judgment in the Common Pleas. The judgment in the Common Pleas was upon an award in an amicable […]

Wilson’s Red Book, 70 JOHN EVANS v. BENJAMIN HOLLAND. Court of Common Pleas of Delaware, Sussex County. April, 1795. Defendant’s counsel (Hall and Wilson) moved to bring this cause on in order, but it appearing that plaintiff’s death was suggested and admitted at last term, the Court asked if there had been written notice served […]

Wilson’s Red Book, 158.[*] JEHU EVANS’ LESSEE v. ADAM SHORT, NATHANIEL WALLER et al. Court of Common Pleas of Delaware, Sussex County. May 1, 1797. [*] This case is also reported in Bayard’s Notebook, 193. Peery, Miller, Bayard for plaintiff. Wilson, Ridgely, Hall for defendants. Waller’s death suggested and admitted at the trial after jury […]

Wilson’s Red Book, 156 ZEPHEMIAH FOLK’S LESSEE v. BETTY THORN. Supreme Court of Delaware. March, 1797. A second verdict was had for plaintiff; the term had not been enlarged and was expired. After verdict, rule to show cause why a new trial should not be had, and motion for leave to amend narratio by enlarging […]

Wilson’s Red Book, 88[*] LORD PROPRIETARY OF MARYLAND v. STEPHEN STYER and Wife, Executors of Peleg Walter. Court of Common Pleas of Delaware, Sussex County. November 25, 1795. [*] This case is also reported in Bayard’s Notebook, 128. Debt on administration bond, to obtain a verdict for penalty and ascertaining the sum due the person […]

Wilson’s Red Book, 98 ROBERT ELLIOTT, qui tam, v. DAVID RICHARDS. Court of Common Pleas of Delaware. April, 1796. Page 88 Narratio. Debt, £400, stating defendant, contrary to an Act [of] February 3, 1789 [2 Del. Laws 943], sold etc. four Negroes, naming them. Plea nil debet. Ridgely and Bayard for plaintiff. Peery and Wilson […]

Wilson’s Red Book, 52 ELIZABETH WILSON v. MAJOR McNATT and MARY, his wife, Administrators of James White, Junior, Executor of James White, Senior, who was surviving Executor of Andrew White. Court of Common Pleas of Delaware, Kent County. November, 1794. Case, for balance of account of White in Orphans’ Court. Motion by Fisher for defendant […]

Wilson’s Red Book, 98 STATE v. GEORGE ROGERS and ELIJAH SCOTT. Court of Quarter Sessions of Delaware. April, 1796. The charge to jury by BASSETT, C. J.: Whenever one man touches another in an angry manner it is a battery. Every battery includes an assault, and there can be no battery without an assault. If […]

Wilson’s Red Book, 222 JOHN EVANS et al. v. WILLIAM SWAIN. Supreme Court of Delaware, Sussex County. March, 1799. Questions of facts made and signed by counsel, which the Court of Appeals thought themselves by the Constitution unauthorized to decide, but necessary on the trial of caveats there pending between Page 209 these parties on […]

Wilson’s Red Book, 272 STATE v. JEHU EVANS. Court of Quarter Sessions of Delaware, Sussex County. April, 1800. Vining demanded that a prosecutor’s [name] should be indorsed under the Act, 1 Del. Laws p. [135], before defendant should be put to plead. Page 252 Attorney General. Defendant must show there is a prosecutor before he […]

Wilson’s Red Book, 233 DAVID MOXOM v. MITCHELL LANK, Garnishee, CORNELIUS LANK, Defendant. Court of Common Pleas of Delaware, Sussex County. April 30, 1799. Page 220 Plaintiff had recovered a judgment against defendant, who was a minor and had left the county; plaintiff issued an attachment fieri facias, against this garnishee, who was defendant’s guardian […]

Wilson’s Red Book, 32 STATE v. ANN JONES. Court of Quarter Sessions of Delaware. November, 1794. Two indictments for having two black children.[2] Court assigne Wilson as counsel for defendant, she being very poor, who agreed to try both indictments at once. Rebecca West, produced as a witness for the State, was objected to b […]

Wilson’s Red Book, 275 AYDELOTTE and DAVIS v. PARKER WARREN. Court of Common Pleas of Delaware, Sussex County. April, 1800. Evidence. Witness signed the bill and saw defendant sign it. It was not delivered, nor anything done by Warren but sign it and leave it on the table, except it was written by defendant; and […]

Wilson’s Red Book, 252 JACOB CANNON v. JOHN NEALLE. Supreme Court of Delaware, Sussex County. October 11, 1799. Page 237 This was an action of debt brought on the penalty of a bond, conditioned that defendant would not molest a certain William Noble (to whom the plaintiff had sold lands) in the enjoyment of said […]

Wilson’s Red Book, 165 WILLIAM HARRIS’ LESSEE v. JAMES GORDON and THOMAS FOSTER. Court of Common Pleas of Delaware, Sussex County. May 4, 1797. Wilson for plaintiff. Peery and Hall for defendants. John Stockley offered as a witness by plaintiff to prove a line to which he claimed himself on the south side, defendant on […]

Wilson’s Red Book, 152 CORNELIUS SHELPMAN’S LESSEE v. JAMES COULTER. Supreme Court of Delaware. March, 1797. Wilson. Joint tenants should join for they have a joint title and one freehold, 1 Com.Dig. 15. If they make a lease, their lessees are tenants in common, 3 Com.Dig. 610, 3 Bac.Abr. 188, 192, and this verdict is […]

Wilson’s Red Book, 34 WILLIAM ELLIGOOD v. H. SMITH and WILLIAM BONESS, Executors of James Lowry. Court of Common Pleas of Delaware. April, 1794. Page 36 Question. Whether trover is maintainable against executors for a conversion in the lifetime of testator. James P. Wilson for defendants. William Peery for plaintiff. The Court are of opinion […]

Wilson’s Red Book, 138[*] BETTY HALL v. STEPHEN WARRINGTON et al. Supreme Court of Delaware. November 23, 1796. [*] This case is also reported in Bayard’s Notebook, 164. Page 113 Wilson and Miller for plaintiff. Ridgely and Bayard for defendants. Plaintiff’s counsel offered a copy of Alward’s patent, all that was on the York book […]

Wilson’s Red Book, 140[*] THOMAS HOOPER’S LESSEE v. ELIZABETH WILLIAMS et al. Court of Common Pleas of Delaware, Sussex County. November 22, 1796. [*] This case is also reported in Bayard’s Notebook, 165; Rodney’s Notes, November, 1796. White, Bayard and Peery for plaintiff.[1] Fisher, Wilson and Ridgely for defendants. Plaintiff offered to prove declarations of […]