Legal Opinion

Doe v. Roe

Supreme Court of Delaware

Decided April 24, 1916No. 22; No. 3PublishedCited by 1 opinion

This was an action of ejectment brought by Alphonzo Hazzard against David H. Hazzard to recover certain lands, situate in Indian River Hundred, Sussex County.

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This was an action of ejectment brought by Alphonzo Hazzard against David H. Hazzard to recover certain lands, situate in Indian River Hundred, Sussex County. The case was heard by the court below, on a case stated, in and by which it was agreed, in substance, that Ira D. Hazzard and Alphonzo Hazzard (the plaintiff) were sons of Alphonzo Hazzard, Sr., deceased, and that under the will and codicil thereto annexed of the latter, the said Ira D. Hazzard took an estate tail in the lands with an estate tail in remainder therein to the plaintiff; that the lands so devised to the said Ira D. Hazzard…

1Opinion of the Court

Curtis, Ch.,

delivering the opinion of the majority of the court:

In the court below the case was heard on an agreed statement of facts submitted for the opinion of the court. The land of a tenant in tail, Ira D. Hazzard, was sold by the sheriff on an execution on a judgment recovered against the tenant in tail, and the land was purchased by Henry D. Hazzard and a deed made to him therefor by the sheriff. Afterwards, and in the life of Ira D. Hazzard, the sheriff’s grantee conveyed the land to David H. Hazzard, the defendant. Ira D. Hazzard, the tenant in tail, made no conveyance of the land,…

2Cases cited5 opinions

  1. In re ReevesSupreme Court of Delaware · 1915
  2. Doyle v. MulladySupreme Court of Pennsylvania · 1859
  3. Williams v. HichbornMassachusetts Supreme Judicial Court · 1808
  4. Waters v. MargerumSupreme Court of Pennsylvania · 1869
  5. Cuffee v. MilkMassachusetts Supreme Judicial Court · 1845

3Cited by1 opinion

  1. Brockson v. BrocksonCourt of Chancery of Delaware · 1925

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