Carpenter v. Webb

Superior Court of Delaware

Carpenter v. Webb

55 A. 1011, 20 Del. 34, 4 Penne. 34, 1902 Del. LEXIS 30

CourtSuperior Court of Delaware

DecidedFebruary 17, 1902

DocketNo. 130

StatusPublished

This text of 55 A. 1011 (Carpenter v. Webb) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carpenter v. Webb, 55 A. 1011, 20 Del. 34, 4 Penne. 34, 1902 Del. LEXIS 30 (Del. Ct. App. 1902).

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Opinion

Lore, C. J.:

We think there is enough on the face of the deed, which is made a part of the case stated, to show that this party was attempting, however informally it may have been, to execute a power. He had, it is conceded, no interest, in his own right in the lands, but had a right to convey under that power; and while the power is very awkwardly and inartistically expressed, we think it is sufficient.

ORDER OP COURT.

And now to wit, this seventeenth day of February, A. D., 1902, the within and foregoing case stated having come on to be heard, and having been argued by counsel for both parties at the bar of the court, and the court having maturely considered the same, it is hereby ordered, adjudged and decreed by the court (the said court being of the opinion that the deed of Amos Pierson and Susan H. Pierson, said deed bearing date the seventh day of March, A. D., 1866, and recorded in the office for recording deeds in and for New Castle County, State of Delaware, in Deed Record D., Vol. 8, Page 421, etc., conveyed the fee simple title of said lands to Joseph Wright, the grantee named therein) that judgment be entered for the plaintiff against the defendant for six cents, besides costs of suit.

Judgment for plaintiff for six cents.

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Lore, C. J.:

We think there is enough on the face of the deed, which is made a part of the case stated, to show that this party was attempting, however informally it may have been, to execute a power. He had, it is conceded, no interest, in his own right in the lands, but had a right to convey under that power; and while the power is very awkwardly and inartistically expressed, we think it is sufficient.

ORDER OP COURT.

And now to wit, this seventeenth day of February, A. D., 1902, the within and foregoing case stated having come on to be heard, and having been argued by counsel for both parties at the bar of the court, and the court having maturely considered the same, it is hereby ordered, adjudged and decreed by the court (the said court being of the opinion that the deed of Amos Pierson and Susan H. Pierson, said deed bearing date the seventh day of March, A. D., 1866, and recorded in the office for recording deeds in and for New Castle County, State of Delaware, in Deed Record D., Vol. 8, Page 421, etc., conveyed the fee simple title of said lands to Joseph Wright, the grantee named therein) that judgment be entered for the plaintiff against the defendant for six cents, besides costs of suit.

Judgment for plaintiff for six cents.

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Bluebook (online)

55 A. 1011, 20 Del. 34, 4 Penne. 34, 1902 Del. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-v-webb-delsuperct-1902.