Lowber's Administrator v. Russom

Delaware Court of Common Pleas

Lowber's Administrator v. Russom

1 Del. Cas. 530

DecidedMay 15, 1815

StatusPublished

This text of 1 Del. Cas. 530 (Lowber's Administrator v. Russom) 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

Lowber's Administrator v. Russom, 1 Del. Cas. 530 (Del. Super. Ct. 1815).

Pincite

Opinion

In this case it was resolved by the Court:

1. That it is no part of the duty of a recorder to record a warrant of attorney relating to personal estate; and that although that officer may have recorded it, yet such record is not admissible as evidence.

2. That the dockets, from which it appeared, that a judgment had been assigned by an attorney in fact in vacation before the clerk, might be laid before the jury to prove the assignment of [531]*531the judgment, although the warrant of attorney be not produced or proved in any manner — not, however, as conclusive evidence-of the fact.

Note. Ridgely said the record of an alienation bond had been, determined to be admissible as good proof of the bond; which, was not denied by the bar or bench.

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In this case it was resolved by the Court:

1. That it is no part of the duty of a recorder to record a warrant of attorney relating to personal estate; and that although that officer may have recorded it, yet such record is not admissible as evidence.

2. That the dockets, from which it appeared, that a judgment had been assigned by an attorney in fact in vacation before the clerk, might be laid before the jury to prove the assignment of [531]*531the judgment, although the warrant of attorney be not produced or proved in any manner — not, however, as conclusive evidence-of the fact.

Note. Ridgely said the record of an alienation bond had been, determined to be admissible as good proof of the bond; which, was not denied by the bar or bench.

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Bluebook (online)

1 Del. Cas. 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowbers-administrator-v-russom-delctcompl-1815.