Legal Opinion

Doe v. Roe

Superior Court of Delaware

Decided April 20, 1911No. 21PublishedCited by 4 opinions

Action of Ejectment The question of fact involved fully appears in the charge of the court, it being whether the deed of the defendant to the plaintiff, conveying the premises in question, was delivered to the plaintiff to take effect immediately, or was delivered to another to be held until the plaintiff had performed a certain condition, required by the defendant.

1Opinion of the Court

Woolley, J.,

charging the jury:

Gentlemen of the jury:—This is an action of ejectment brought by Charles E. Littleton, the plaintiff, against Josiah C. Johnson, the defendant, to recover a tract of land in Broad Creek Hundred, in this county, which is now in the possession of the defendant.

In this case there is no controversy about party lines, the dispute being with reference to the whole of a tract of land. The main contention of the plaintiff is that he purchased from the defendant the tract of land in question, and completed the purchase by receiving from the defendant the deed conveying…

2Cited by4 opinions

  1. Winchester v. Parm.Court of Chancery of Delaware · 1928
  2. Deakyne v. Lewes Anglers, Inc.District Court, D. Delaware · 1962
  3. Hitchens v. HillmanCourt of Chancery of Delaware · 1932
  4. Winchester v. ParmCourt of Chancery of Delaware · 1928

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