Evans v. Evans

Delaware Court of Common Pleas

Evans v. Evans

1 Del. Cas. 76

DecidedNovember 15, 1795

StatusPublished

This text of 1 Del. Cas. 76 (Evans v. Evans) is published on Counsel Stack Legal Research, covering Delaware Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. Evans, 1 Del. Cas. 76 (Del. Super. Ct. 1795).

Pincite

Opinion

Bassett, C. J.

Non cepit does not confine the taking to the place in the declaration unless defendant shows a taking elsewhere, 2 Esp.N.P. 12. Legatee may bring trover or replevin against a stranger for a legacy given, 5 Bac.Abr.; but a legatee ought in this case to prove a demand of a legacy. Only account will lie by a joint owner of personal property.' I am of opinion that the property did not vest in the guardian from the date of the guardian bonds, because the Negro could not be divided, for the possession was not delivered to all the three minors, for he could not come at him unless he could be cut up!!!!¹

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Bassett, C. J.

Non cepit does not confine the taking to the place in the declaration unless defendant shows a taking elsewhere, 2 Esp.N.P. 12. Legatee may bring trover or replevin against a stranger for a legacy given, 5 Bac.Abr.; but a legatee ought in this case to prove a demand of a legacy. Only account will lie by a joint owner of personal property.' I am of opinion that the property did not vest in the guardian from the date of the guardian bonds, because the Negro could not be divided, for the possession was not delivered to all the three minors, for he could not come at him unless he could be cut up!!!!¹

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Bluebook (online)

1 Del. Cas. 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-evans-delctcompl-1795.