Hall v. Stout
Court of Chancery of Delaware
Bill to Perpetuate Testimony.—The complainant was in possession of certain real estate late of his deceased wife, situated in Kent county, holding as tenant by the curtesy; his title, as such, being controverted on behalf of defendants as the heir at law of the wife. The controversy turned upon the question whether a child of the deceased wife, by the complainant, was born alive.
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Bill to Perpetuate Testimony.—The complainant was in possession of certain real estate late of his deceased wife, situated in Kent county, holding as tenant by the curtesy; his title, as such, being controverted on behalf of defendants as the heir at law of the wife. The controversy turned upon the question whether a child of the deceased wife, by the complainant, was born alive. The bill, setting forth the facts on which the complainant’s title rested, alleged that the only proof of the birth of issue alive was, the testimony of two witnesses, the physicians present at the birth, one of whom…
1Opinion of the Court
The Chancellor:—
The complainant at the filing of his bill, was in the exact situation entitling a party to the relief sought by the bill. He was in possession of lands of his deceased wife, claiming to hold as tenant by the curtesy. This was unquestionably a sufficient interest tó be protected. Evidence material to his title rested in the exclusive knowledge of two witnesses; and being himself in possession, it was not in his power to bring the title to a trial at law under immediate judicial investigation, so as to secure the evidence against loss by the death of these witnesses. These are…
2Cited by9 opinions
- Mosseller v. United StatesCourt of Appeals for the Second Circuit · 1946
- In re FerkaufDistrict Court, S.D. New York · 1943
- In re ErnstDistrict Court, S.D. California · 1942
- Tennison v. HenryDistrict Court, N.D. California · 2001
- El Pueblo de Puerto Rico v. United Theatres, Inc.Supreme Court of Puerto Rico · 1954
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