Legal Opinion

Milbourn v. David

Superior Court of Delaware

Decided April 30, 1885PublishedCited by 5 opinions

Ejectment for interest of heir at law in dower land. This ejectment is brought for one-third of the one-fourth of this tract of land, equal to one-twelfth. The land contains about two hundred acres and lies in Kenton hundred. Originally it belonged to Samuel Patterson, who died in 1825, leaving a widow and four children.

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Ejectment for interest of heir at law in dower land. This ejectment is brought for one-third of the one-fourth of this tract of land, equal to one-twelfth. The land contains about two hundred acres and lies in Kenton hundred. Originally it belonged to Samuel Patterson, who died in 1825, leaving a widow and four children. Mary Patterson, the widow, to whom this land was assigned as dower in July, 1829, married Nathan Smith in 1827. Smith died in 1839, and about a year after, she married Enoch David, the defendant, and died 1855. She was step-mother to the Patterson children. Thomas Patterson…

1Opinion of the Court

The Court, Comegys, C. J.,

charged the jury:

It is claimed that the statute began to run against Thomas Patterson on the death of his mother in 1852. Also that the plaintiff is barred by the adverse possession or holding of the defendant for twenty years and more. But in ease of a tenancy in common, the possession of one tenant in common is the possession of his co-tenant, and is presumed to be with his consent. Lord Mansfield in Fisher v. Prosser, Cowp., 217, said: “ Some ambiguity seems to have arisen from the term ‘ actual ouster,’ as if it meant some act accompanied by real force, and as if…

2Cited by5 opinions

  1. Knight v. KnightCourt of Chancery of Delaware · 1914
  2. Smith, Et Ux. v. Lemp, Et Ux.Court of Chancery of Delaware · 1949
  3. In re that Certain Lot & Parcel of Land Recorded in Names of CampherSupreme Court of Delaware · 1985
  4. Huston v. LambertCourt of Chancery of Delaware · 1971
  5. Sarde v. SardeOrphan's Court of Delaware · 1920

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