3 Del. 269
Decided July 1, 1840
Superior Court of Delaware · decided 1840-07-01
Replevin. Cognizance and avowry for rent arrear, due to Payn-ter Jefferson, for a house and lot. William Jefferson, by will bearing date in August, 1835, bequeathed to Paynter Jefferson one-third of the ground rents of certain lots, situate in the village of Washington, Sussex county. These lots were let out on perpetual ground rent leases, the rent due and payable on the 1st of January annually.
Decided 1840-07-01
¶1thought that this was a mere agreement to convey, and did not sever the tenancy in common; even if it was in time to include the rent of 1838, which was doubtful.
¶2The plaintiff had a verdict, subject to the opinion of the court on these questions after argument; but the defendant did not again stir the matter.