Waples v. Waples
Superior Court of Delaware
Action of waste. Nan. Pleas, nullum vastatum, and the act of limitation. Issues. View granted on motion of plaintiff’s attorney.
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Action of waste. Nan. Pleas, nullum vastatum, and the act of limitation. Issues. View granted on motion of plaintiff’s attorney. The nan. set out that Woolsey Waples, father of plaintiffs and defendant, died seised of a tract of land in Sussex county, which descended under the intestate laws of this state to plaintiffs and defendant, his children, in coparcenary; and that defendant committed waste on said land by cutting and selling trees, &c.,to the disinheriting of the plaintiffs. It was as follows: “ Sussex cornty, ss., October Term, A. D. 1836. “ And thereupon the said Burton W. Waples,…
1Opinion of the Court
The Chief Justice, (John M. Clayton,)
charged the jury:
Action by the heirs of Woolsey Waples, against their brother and co-heir David H. Waples for waste and destruction done by him to the land which descended to them all equally from their father. The issue is a question of waste or no waste. Woolsey Waples died seised of two tracts of land in this county, one of which was afterwards sold by the sheriff, for the payment of his debts; and the other is a tract of woodland of fifteen acres or thereabouts. It is alledged that waste has been committed on this land.
Three things are to be considered…
2Cited by1 opinion
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