Delaware Court of Common Pleas, 1818

Simpson v. Simpson's

Simpson v. Simpson's
Delaware Court of Common Pleas · Decided May 15, 1818
1 Del. Cas. 552

Counsel

Ridgely, for defendant,, Hall, for plaintiff,

Simpson v. Simpson's

Opinion of the Court

Per Curiam.

The question whether a promise by an executor, when, the debt was barred before the testator’s death, is sufficient to avoid a plea of the Act of Limitations is one of great magnitude and difficulty, but not necessary to be determined in this cause, because the debt was not barred when the promise was made, and the promise of the executor probably induced the plaintiff to remain quiet. We therefore think the case taken out of the Act by the promise.

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