Vandegright v. Haughey

Delaware Court of Common Pleas

Vandegright v. Haughey

1 Del. Cas. 21

DecidedDecember 15, 1793

StatusPublished

This text of 1 Del. Cas. 21 (Vandegright v. Haughey) 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

Vandegright v. Haughey, 1 Del. Cas. 21 (Del. Super. Ct. 1793).

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Opinion

Bassett, C. J.

No doubt before the Statute of Anne case would not lie by one tenant in common against another unless he was actually appointed bailiff. At present if one tenant in common receive all the profits, the Statute has given a remedy by the action of account render. There is no evidence of an appointment as bailiff nor any evidence of a promise actually made. There must be a nonsuit entered.

McDonough and Rodney accordant, whereupon the plaintiff was called, and nonsuit.

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Bassett, C. J.

No doubt before the Statute of Anne case would not lie by one tenant in common against another unless he was actually appointed bailiff. At present if one tenant in common receive all the profits, the Statute has given a remedy by the action of account render. There is no evidence of an appointment as bailiff nor any evidence of a promise actually made. There must be a nonsuit entered.

McDonough and Rodney accordant, whereupon the plaintiff was called, and nonsuit.

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Bluebook (online)

1 Del. Cas. 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vandegright-v-haughey-delctcompl-1793.