WOOLASTON’S LESSEE v. SPRINGER, 1 Del. Cas. 367 (1795)

Bayard’s Notebook, 96

Supreme Court of Delaware, New Castle County.
April, 1795.

Defendants, being called upon to confess lease, entry, and ouster, offered to confess for part, and moved for leave to ascertain the part of the land for which they were willing to take defense. Plaintiff’s counsel insisted that the defendants, having entered into the common rule generally and obtained no liberty to ascertain defense, could not now be allowed to confess specially.

PER CURIAM.

If no liberty to ascertain defense be reserved upon entering into the common rule, at the trial the defendant must confess generally. If liberty be reserved, the defense may be ascertained either upon the view or at the trial.

Bedford and Levy for plaintiff. Bead an Bayard for defendant