McCall's Lessee v. Lockerman

Delaware Court of Common Pleas

McCall's Lessee v. Lockerman

2 Del. Cas. 148, 1801 Del. LEXIS 17

DecidedDecember 4, 1801

StatusPublished

This text of 2 Del. Cas. 148 (McCall's Lessee v. Lockerman) 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

McCall's Lessee v. Lockerman, 2 Del. Cas. 148, 1801 Del. LEXIS 17 (Del. Super. Ct. 1801).

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Opinion

Chief Justice Booth.

Opinion in former trial, “Statute cannot run if the land be vacant” etc.

Ridgely, for plaintiff, in conclusion. Limitation could not run until plaintiff’s title was so complete as to enable him to recover in ejectment, which was not until survey. [2] Del.Laws 1175, making surveys previous to 1760 good etc. Flour Field, by their own papers, has the N. S. lines six hundred perches and straight.

In ejectment plaintiff must show you a title. Defendant’s objection first, that Park’s warrant was a located [one] and plaintiff is barred; but the Court are of a different opinion. If the land was vacant, the Statute will not run. As to location, you will decide from the evidence before you.

The jury retired and in about three-quarters of an hour brought in a verdict for the plaintiff.

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Chief Justice Booth.

Opinion in former trial, “Statute cannot run if the land be vacant” etc.

Ridgely, for plaintiff, in conclusion. Limitation could not run until plaintiff’s title was so complete as to enable him to recover in ejectment, which was not until survey. [2] Del.Laws 1175, making surveys previous to 1760 good etc. Flour Field, by their own papers, has the N. S. lines six hundred perches and straight.

In ejectment plaintiff must show you a title. Defendant’s objection first, that Park’s warrant was a located [one] and plaintiff is barred; but the Court are of a different opinion. If the land was vacant, the Statute will not run. As to location, you will decide from the evidence before you.

The jury retired and in about three-quarters of an hour brought in a verdict for the plaintiff.

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Bluebook (online)

2 Del. Cas. 148, 1801 Del. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccalls-lessee-v-lockerman-delctcompl-1801.