Perkins v. Cartmell

2 Del. 201

• Court: Superior Court of Delaware
• Decided: July 5, 1837
• Status: Published

Opinion

Per curiam.

From the record it appears that the action was for an annuity chargeable on land, and the liability of the defendant as claimed is on account of his having purchased the land charged. There is no privit) of contract between the parties. If liable at all, he is only liable in respect of the land. Non constat, that there are not other liens against the land to its value prior to this.

Wales, for plaintiff in error. Boooth, for defendant.

It can raise neither an express nor implied contract as between these parties; and the remedy, however small the case, is only in equity. If this law be hard it must be changed by the legislature. The cause of action is not cognizable before a justice of the peace.

Judgment reversed.