Hitchens v. Hillman

The Chancellor:

A question is raised as to the jurisdiction. The solicitor for the defendant makes the point that in an action of ejectment at law, the complainant would be permitted to show that the deed was never delivered, that therefore he has a sufficient remedy at law and that as a consequence the Court of Chancery has no jurisdiction to entertain the bill. Revised Code 1915, § 3844. That the grantor in an allegedly undelivered deed may maintain ejectment against the grantee therein who is in possession and try out the issue of delivery, is shown by several cases reported in this State…