Doe v. Roe
Superior Court of Delaware
Ejectment by John Doe on the demise of Mary Hitchens against Richard Roe, causal ejector, and Mary C. Ellingsworth, tenant in possession. Verdict for plaintiff. Action- of Ejectment (No. 28, October Term, 1913) by Mary Hitchens, against Mary C. Ellingsworth, to recover a certain lot with a house erected thereon, situate in Georgetown, now in possession of the defendant. The plaintiff relied upon two alleged lost or destroyed deeds to establish legal title to the land.
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Ejectment by John Doe on the demise of Mary Hitchens against Richard Roe, causal ejector, and Mary C. Ellingsworth, tenant in possession. Verdict for plaintiff. Action- of Ejectment (No. 28, October Term, 1913) by Mary Hitchens, against Mary C. Ellingsworth, to recover a certain lot with a house erected thereon, situate in Georgetown, now in possession of the defendant. The plaintiff relied upon two alleged lost or destroyed deeds to establish legal title to the land. When plaintiff had rested, counsel for defendant moved for a nonsuit on the ground that the proof of the execution and…
1Opinion of the Court
Rice, J.,
charging the jury:
Gentlemen of the jury:—This is an action of ejectment brought by Mary Hitchens, the plaintiff, against Mary C. Ellingsworth, the defendant, to recover possession of a lot of land with a house erected thereon, situate in Georgetown, Sussex County, the property now being in possession of the defendant.
*499The suit involves the title to the house and whole lot of land and there is no question of party lines for your determination.
The plaintiff and defendant claim title through the deed of John L. McKim and wife to Hiram Ellingsworth, dated March 29, 1879, and not recorded…
2Cited by8 opinions
- Severns v. Wilmington Medical Center, Inc.Supreme Court of Delaware · 1980
- Hughes Tool Company v. Fawcett Publications, Inc.Supreme Court of Delaware · 1974
- Wife, S. v. Husband, S.Court of Chancery of Delaware · 1972
- Schneider v. WILMINGTON TRUST CO., BANK OF DEL.Court of Chancery of Delaware · 1973
- Hitchens v. HillmanCourt of Chancery of Delaware · 1932
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