Williams v. Betts
Court of Chancery of Delaware
Statement of the Case. William L. Williams by deed duly executed, dated January 22, 1884, conveyed to the complainant, then his wife and now-his widow, for the consideration of seven hundred dollars, as stated therein, a tract of land in Sussex County.
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Statement of the Case. William L. Williams by deed duly executed, dated January 22, 1884, conveyed to the complainant, then his wife and now-his widow, for the consideration of seven hundred dollars, as stated therein, a tract of land in Sussex County. In 1908 the complainant and her said husband made a mortgage on the same real estate to William H. Betts, the husband of Mary C. Betts, to secure the payment of six hundred and nine dollars and fifty-one cents, and subsequently in 1912 suit was brought on the mortgage and the mortgaged property was sold for seventeen hundred dollars under a…
1Opinion of the Court
The Chancellor
(after stating the foregoing facts). At the taking of testimony objection was made to the competency of the complainant to testify, and her testimony -was taken bver the ruling of the examiner who sustained the objection thereto. The objection to her competency as a witness was based on the case of Gray v. Cole, 5 Harr. 418, a decision in 1853, before the statute making husband and wife competent as witnesses was passed. The statute, as found in the Revised Code of 1915, par. 4216, p. 1908, is as follows:
“It shall be lawful for a wife or a.husband to testify for or against each…
2Cases cited4 opinions
- Mercer v. StateSupreme Court of Florida · 1898
- Ex parte BevilleSupreme Court of Florida · 1909
- Loomis v. BrushMichigan Supreme Court · 1877
- In re WilliamsSuperior Court of Delaware · 1913
3Cited by3 opinions
- State v. LynchDelaware Court of Oyer and Terminer · 1925
- Godman v. GreerOrphan's Court of Delaware · 1918
- Kaspar v. MurrayWisconsin Supreme Court · 1920