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2 Del. 53

Whaley v. Whaley

Superior Court of Delaware

Decided July 1, 1836

Superior Court of Delaware · decided 1836-07-01

Case for use and occupation. Pleas, non assumpsit; payment; discount, and the act of limitations. stated the claim to be for one half the rents of a farm since January 1828. The farm in question was owned by John Whaley, sen’r., who devised it to his wife for life, with remainder in fee to his two sons, James and Daniel. His widow had possession until 1828, when she died and defendant took possession, having administered on her estate.

Decided 1836-07-01

By the Court.

¶1The plaintiff is at liberty to proceed and show his title, and the defendant to controvert it by proof of title in himself. 2 Saund. Pl. & Ev. 893-4; Woodfall 351. The law will infer a contract, when title is established and occupation shown.

¶2The plaintiff eventually had a verdict.

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