Legal Opinion
In re the Real Estate of Smith
Orphan's Court of Delaware
Decided December 15, 1952PublishedCited by 2 opinions
1Opinion of the Court
Layton, Judge:
The first ground for dismissal is that this court has no jurisdiction of a dispute over rents because by Secs. 3735, 4824 and 5001 of the Revised Code of 1935, such actions may be maintained in the Superior Court.
Section 3765 of the Revised Code of 1935 provides:
“3765. Sec. 32. Orphans’ Court; Powers and Authority; Scope of: — For the purpose of effectuating the provisions of this Chapter, the Orphans’ Court shall have, in addition to the jurisdiction and powers already conferred upon it, general equity powers touching the subject matter of this Chapter, and authority to make…
2Cases cited7 opinions
- In Re the Real Estate of CochranSuperior Court of Delaware · 1949
- First National Bank v. AndrewsCourt of Chancery of Delaware · 1942
- In re Andrews'Superior Court of Delaware · 1943
- Moseley v. MoseleyMassachusetts Supreme Judicial Court · 1921
- Whitehead v. WhiteheadOrphan's Court of Delaware · 1935
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Melvin Green v. Gary ShockleyCourt of Chancery of Delaware · 2022
- Patrick J. Connell v. Christina KlebartCourt of Chancery of Delaware · 2024