Dougherty v. Flemming

Citations

• 23 Del. 278
• 79 A. 104
• 7 Penne. 278
• 1908 Del. LEXIS 18

Syllabus

<p>Amicable Action—Case Stated—Executors—Will—Devise—Fee Simple—Deed—Ground Rent; Extinguishment of— Lapse of Time—No Demand or Payment—Order of Court.</p> <p>It appearing to the Court, from the case stated, that the real estate described having been held and transferred in fee simple for over fifty-eight years, and that no claim for ground rent, nor any payment thereof, had been made for over sixty years, held that the deed executed by the plaintiffs and tendered to the defendant, would, if it had been accepted have conveyed to the defendant in fee simple the said real estate discharged of ground rent;and that judgment should, therefore, be entered in favor of the plaintiffs.</p>