Simpson v. Simpson's

Delaware Court of Common Pleas

Simpson v. Simpson's

1 Del. Cas. 552

DecidedMay 15, 1818

StatusPublished

This text of 1 Del. Cas. 552 (Simpson v. Simpson's) 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

Simpson v. Simpson's, 1 Del. Cas. 552 (Del. Super. Ct. 1818).

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Opinion

Per Curiam.

The question whether a promise by an executor, when, the debt was barred before the testator’s death, is sufficient to avoid a plea of the Act of Limitations is one of great magnitude and difficulty, but not necessary to be determined in this cause, because the debt was not barred when the promise was made, and the promise of the executor probably induced the plaintiff to remain quiet. We therefore think the case taken out of the Act by the promise.

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Per Curiam.

The question whether a promise by an executor, when, the debt was barred before the testator’s death, is sufficient to avoid a plea of the Act of Limitations is one of great magnitude and difficulty, but not necessary to be determined in this cause, because the debt was not barred when the promise was made, and the promise of the executor probably induced the plaintiff to remain quiet. We therefore think the case taken out of the Act by the promise.

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Bluebook (online)

1 Del. Cas. 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-v-simpsons-delctcompl-1818.