Reed v. Dehorty

Delaware Court of Common Pleas

Reed v. Dehorty

2 Del. Cas. 214, 1804 Del. LEXIS 8

DecidedMay 15, 1804

StatusPublished

This text of 2 Del. Cas. 214 (Reed v. Dehorty) 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

Reed v. Dehorty, 2 Del. Cas. 214, 1804 Del. LEXIS 8 (Del. Super. Ct. 1804).

Pincite

Opinion

Chief Justice Booth.

This action for pulling down etc. Defendant justifies; first, that he has title by a sheriff’s deed. We conceive that every entry is a trespass, and that an actual peaceable possession is sufficient to maintain this action, but the owner of lands without possession cannot maintain the action. A [216]*216sheriff’s deed only gives the right to possession; the actual possession must be obtained by law. The possession of defendant since the trespass can have no effect. As to damages, the jury will judge of them.

Verdict for plaintiff and damages, $30.

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Chief Justice Booth.

This action for pulling down etc. Defendant justifies; first, that he has title by a sheriff’s deed. We conceive that every entry is a trespass, and that an actual peaceable possession is sufficient to maintain this action, but the owner of lands without possession cannot maintain the action. A [216]*216sheriff’s deed only gives the right to possession; the actual possession must be obtained by law. The possession of defendant since the trespass can have no effect. As to damages, the jury will judge of them.

Verdict for plaintiff and damages, $30.

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Bluebook (online)

2 Del. Cas. 214, 1804 Del. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-dehorty-delctcompl-1804.