State v. Clayton , 2 Del. Cas. 225 ( 1805 )

Chief Justice Booth.

Limitations and non est factum in this case waived or not established. By the Act, [1 Del.Laws] 420, the probate is directed, but we are [of] opinion the probate in this case is not necessary. The Act of 1787, [2 Del.Laws] 890, we are inclined to the opinion that section 1 of that law does not apply to heirs or that the party should plead in abatement or otherwise. •