Sarde v. Sarde
Orphan's Court of Delaware
Petition for Partition. The petition sets forth that Robert Sarde died in 1883 seized of two parcels of land in Kent County, described as No. * 1 and No. 2, and intestate as to them, leaving to survive him his widow, since deceased, and as his heirs at law four children, the three petitioners and the defendant.
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Petition for Partition. The petition sets forth that Robert Sarde died in 1883 seized of two parcels of land in Kent County, described as No. * 1 and No. 2, and intestate as to them, leaving to survive him his widow, since deceased, and as his heirs at law four children, the three petitioners and the defendant. After the death of the widow the petition for partition was filed, and thereupon the defendant, Samuel S. Sarde, filed an answer, and upon exceptions taken thereto, it being found by the Court to be insufficient, the defendant filed an amended answer. By the amended answer the…
1Opinion of the Court
Curtis, P. J.,
delivering the opinion of the Court:
The questions chiefly discussed were whether the issues of law and fact raised by the pleadings should be heard and determined by the Orphans’ Court, or determined by the Superior Court on an issue sent by this Court for trial there, or whether the parties be remitted to their action at law, such as ejectment.
But for section 3301 of the Revised Code of 1915, it would be clear that the Orphans’ Court did not have the power or right to proceed with the partition cause where there is a question raised in the pleadings as to whether the premises…
2Cases cited1 opinion
- Knight v. KnightCourt of Chancery of Delaware · 1914
3Cited by1 opinion
- Green v. CowgillCourt of Chancery of Delaware · 1948