Lessee of Vandyke v. Thompson

Superior Court of Delaware

Lessee of Vandyke v. Thompson

1 Del. 109

DecidedJuly 1, 1832

StatusPublished

This text of 1 Del. 109 (Lessee of Vandyke v. Thompson) 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

Lessee of Vandyke v. Thompson, 1 Del. 109 (Del. Ct. App. 1832).

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Opinion

By the Court.

—We think the defts. have a right to impeach the character of the witness who proved this deed. That probate is an ex parte proceeding. The doctrine contended for by plff. would lead to the worst of consequences. A felon convict, or insane man might go before the prothonotary and prove a deed which though forged, might not be invalidated unless you could attack the witness’ character.

In the progress of the cause Mr. Bayard submitted to a nonsuit; and Vandyke was arrested during the term and imprisoned on a charge of forgery.

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By the Court.

—We think the defts. have a right to impeach the character of the witness who proved this deed. That probate is an ex parte proceeding. The doctrine contended for by plff. would lead to the worst of consequences. A felon convict, or insane man might go before the prothonotary and prove a deed which though forged, might not be invalidated unless you could attack the witness’ character.

In the progress of the cause Mr. Bayard submitted to a nonsuit; and Vandyke was arrested during the term and imprisoned on a charge of forgery.

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Bluebook (online)

1 Del. 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lessee-of-vandyke-v-thompson-delsuperct-1832.