Ellison v. Dolbey
Superior Court of Delaware
brought by William Y. Ellison, to recover the sum of $335.81; being the amount claimed, including interest, for 439 bushels of wheat at seventy-five cents per bushel, claimed as plaintiff’s share, as tenant, of the wheat crop grown on a certain farm situated in Red Lion Hundred, New Castle County - said farm having been rented by the plaintiff from one William H. Morrow for the year beginning March 25, 1899, and ending March 25, 1900, said farm having been purchased at…
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brought by William Y. Ellison, to recover the sum of $335.81; being the amount claimed, including interest, for 439 bushels of wheat at seventy-five cents per bushel, claimed as plaintiff’s share, as tenant, of the wheat crop grown on a certain farm situated in Red Lion Hundred, New Castle County - said farm having been rented by the plaintiff from one William H. Morrow for the year beginning March 25, 1899, and ending March 25, 1900, said farm having been purchased at Sheriff’s sale, on January 26, 1900, upon a writ of levari facias upon a mortgage, by the defendant Martha D. Dolbey, who…
1Opinion of the CourtSpruance, J.
We think the question is not pertinent. If this plaintiff had a right to the possession of any of this wheat, he had a right to the possession of the whole crop, and the landlord had no right to touch it. In other words, the landlord at that stage had no right whatever to the possession; that is, supposing that the tenant had the right to the way-going crop, and supposing this mortgage was out of the way. Now if it is true that the tenant had the right to the possession of the crop and the right to *48claim the opportunity to do whatever he had undertaken to do either by express promise or by…
2Cases cited12 opinions
- Lane v. KingNew York Supreme Court · 1832
- Hecht v. DettmanSupreme Court of Iowa · 1881
- Downard v. GroffSupreme Court of Iowa · 1875
- Simers v. SaltusNew York Supreme Court · 1846
- Shepard v. PhilbrickNew York Supreme Court · 1846
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bindseil v. Liberty Trust Co.Court of Appeals for the Third Circuit · 1917
- Hart v. C. H. & O. B. Fuller Co.California Court of Appeal · 1920
- Societa Italiana Di Mutua Beneficenza v. BurrCourt of Appeals for the Ninth Circuit · 1934
- State v. United States Fidelity & Guaranty Co.Superior Court of Delaware · 1934
- Cubbage v. ClementsSuperior Court of Delaware · 1940