Downs v. Rickards
Court of Chancery of Delaware
Bill in Equity against a Guardian by his WARDS.—At the March Term of the Orphans’ Court, 1867, an order was made for the sale of certain real estate of the complainants, Edgar C. Downs and Ella Downs, infants, by Elias S. Reed, Esq., as trustee of the Court.
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Bill in Equity against a Guardian by his WARDS.—At the March Term of the Orphans’ Court, 1867, an order was made for the sale of certain real estate of the complainants, Edgar C. Downs and Ella Downs, infants, by Elias S. Reed, Esq., as trustee of the Court. On the 29th June, 1857, the real estate was exposed to sale by the trustee and bid off by Henry Downs at $3750. The sale was returned to the Orphans’ Court on the 31st October, 1867, as having been made to William W. Rickards the principal defendant, he having in the meantime by an arrangement with with Henry Downs, the bidder at the…
1Opinion of the Court
The Chancellor :—
The second interrogatory is objectionable because it is leading, but it also inquires, as do the 13th and 14th and the last clause of the 9th, as to the opinion of the witness *425about the defendant’s insolvency. This should be omitted and the questions confined to the witness’s knowledge of the defendant’s insolvency, not his opinion. It may also extend to general reputation. The proper form requires preliminary questions, such as, “Did you at such a date know Rickards’ reputation in his neighborhood for solvency, and how ? if yea, what was it ?”
The fourth interrogatory is…
2Cases cited8 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Leisenring v. BlackSupreme Court of Pennsylvania · 1836
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Stegemeier v. MagnessSupreme Court of Delaware · 1999
- Vredenburgh v. JonesCourt of Chancery of Delaware · 1975
- Wilmington Trust Co. v. CarrowCourt of Chancery of Delaware · 1924
- Eberhardt v. Christiana Window Glass Co.Court of Chancery of Delaware · 1911
- McKnatt v. McKnattCourt of Chancery of Delaware · 1915
9 more not listed; retrieve them via the Exa API.