Horsey's Lessee v. Horsey

4 Del. 517

• Court: Superior Court of Delaware
• Decided: July 5, 1847
• Status: Published

Opinion

The Court

ruled, 1st. That the recitals in the deed to N. Horsey did not estop the plaintiff to claim the land. It amounted to no more than the admission of an agreement of her husband authorizing the administrator to sell the land, and covenanting to convey accordingly. If the agreement had been signed by the plaintiff, it would amount to no more than a letter of attorney for the sale of lands; which a feme covert cannot make; and a covenant to convey that would not bind her. She could part with her title in no other way than by deed acknowledged, with private examination. (Dig. 89.)

2d. That the estate vested in Catharine Horsey by the will of her father immediately on his death, and the payment of debts and legacies was a condition subsequent.

3. That if the defendant was the tenant of the plaintiff by any contract or assent of her’s amounting to a leasing or an occupation subject to rent, the plaintiff could not bring an action of ejectment without giving the tenant notice to quit; but any disclaimer of the relation, made prior to 'the demise, dispenses with the notice; and disclaimers subsequent to the demise may be considered in evidence to disprove the tenancy.

4. That a person coming in as a tenant under a tenant for life, does not, upon his death, become the tenant of the person -in remainder ; without his assent, express or implied.

Verdict for plaintiff.