Waples v. Waples
1 Del. 474
Opinion
The first objection arises on the proof. The narr lays a tenancy in common; the proof is of a co-parcenary. This is a fatal variance. The plffs. must be nonsuited on this point; it is therefore unnecessary to decide the other questions raised by deft.-’s counsel.
Judgment of nonsuit,
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Waples v. Waples, 1 Del. 474 (Del. Ct. App. 1835).
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