DocketNumber: Action of Ejectment, No. 49
Citation Numbers: 37 Del. 425
Judges: Harrington
Filed Date: 3/3/1936
Status: Precedential
Modified Date: 7/20/2022
The objection of the defendant’s attorney to the admission of the deed record offered is overruled.
Section 16 of Chapter 197, Volume 30, Laws of Delaware makes the lands of a married woman her sole and
As the husband of Mrs. Harrington was not a party to her deed, there was no reason for the certificate of the Notary to show that her acknowledgment was taken separate and apart from him, and Section 3200, therefore, has no application to this case.
The plaintiff’s attorneys then closed their case, but, on being asked by the court whether they had made out a prima facie case by the mere proof of the execution and delivery of a deed conveying the title of Mrs. Harrington to Gilpin, without any proof, whatever, of possession either by Mrs. Harrington or by any other prior owner,
The defendant’s attorney then admitted that Mrs. Harrington, the grantor of the real plaintiff in the action,
The defendant’s attorney produced no evidence, whatever, and judgment was, therefore, entered for the plaintiff.
Whether such proof of possession was essential to the plaintiff’s case, see 19 C. J. 1055, 1156; Hoak v. Long, 10 Serg. & R. (Pa.) 9; Muhlenberg v. Druckenmiller, 103 Pa. 631; Bonaffon v. Peters, 134 Pa. 180, 19 A. 499; New York, etc., R. Co. v. Moore, 137 App. Div. 461, 121 N. Y. S. 884 and cases cited in Doe ex dem. Wedderburn v. Roe and Burbage, 5 W. W. Harr. (35 Del.) 229, 162 A. 515; but see Doe ex dem. Bright v. Stephens, 1 Houst. 31; Doe ex dem. Bright v. Stevens, 1 Houst. 240.