Delaware Court of Common Pleas, 1798

Barker's & Wife's Lessee v. Rice

Barker's & Wife's Lessee v. Rice
Delaware Court of Common Pleas · Decided December 18, 1798 · Johns
2 Del. Cas. 116

Counsel

Bayard, George Read [for plaintiff]. Ridgely, Rodney, Vandyke [for defendants]., G. Read opens etc. for plaintiff., Vandyke for defendants., Rodney for defendants., Bidgely for defendants., Bayard. , Vandyke. , G. Read, in conclusion,

Barker's & Wife's Lessee v. Rice

Opinion of the Court

Johns, J.

This cause has been so fully and ably argued before you, the Court [rules] as to the law. First, as to the construction of [the] will, we are of opinion the devise in question does not pass a fee, but only a life estate. Second, whether the conveyance from Jeremiah Ball, Jr., to Thomas Rice (if he was sane) is such as the Act of Assembly makes a good conveyance in fee, it is to have the operation in England of a feoffment. Whether deed is such as the Act contemplates, we leave with you to decide. If it does operate a forfeiture, the Statute [of] Limitation begins in 1748, if not it will begin in 1776.

Verdict for defendants.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.