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Home > Art, Film & Photography > Delaware Reports (Volume 5); Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orph
Delaware Reports (Volume 5); Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orph

Delaware Reports (Volume 5); Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orph


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: alledged that there was then and for a long time before, a right of way from the Springer mansion farm, through the Williams and McDonald farm, to the public road. Conceding that this was proved, it was also proved that all three of these farms were purchased by Benjamin Springer, viz: the Charles Springer mansion, in 1789, the Williams tract in 1795, and the McDonald tract in 1805; and if there was any such right of way in the owner of the Springer tract over the other tracts, this easement or privilege was extinguished when the full title in all these tracts vested in Benjamin Springer. He could not hold the entire title to the land, subject to an easement of a right of way in himself; and those who claim under him cannot set up such an easement as existing against him, though it may have existed before this unity of title. On Benjamin Springer's death the Williams and McDonald tracts were sold for the payment of his debts, and bought by plaintiff; the Springer mansion was assigned in the Orphans' Court to the defendant, and to the widow in dower, without any reservation of a right of way. If the Springer land had been sold and the other assigned, there might be some pretence of a right of way from necessity; but on a sale of the land through which the way is claimed, there is no necessity of implying the grant of a way by necessity; for it might have been reserved out of the sale. Verdict for plaintiff. Rogers, for plaintiff. Platt, for defendant. Lessee of SAMUEL BARR, Assignee of DANIEL LAMPLUGH t. JAMES STILLMAN et al, tenants in possession. The limitation of suits under the bankrupt law of the United States of 19th August, 1841, applies to real actions brought by the assignee in this court, though differing in the period of limitation, from our own act ...


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Product Details
  • ISBN-13: 9781459075849
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 214
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1459075846
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 390 gr


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Delaware Reports (Volume 5); Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orph
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