Newlin v. Phillips

Citations

• 9 Del. Ch. 165
• 80 A. 640
• 1911 Del. Ch. LEXIS 30

Syllabus

<p>A court of equity will remove a cloud upon the title to land.</p> <p>N. by will gave to his wife a life estate in all his property and at her death to his sisters then living. There were two sisters, H. and M. The widow as executrix of N. foreclosed a mortgage held by her husband and through an intermediary, W., took title to the mortgaged premises and died seized thereof. By her will the widow gave to H. and M. all the estate and property which she received from her husband, and the residue to A. H. and M. sought to remove the cloud on their title. Held, that as H. and M. must prove aliunde the record that the deed to her from W. was only as a conduit and that the land took the place of the mortgage thereon, and so was property received from her husband, it was a cloud on their title, inasmuch as A. was apparently the devisee of the land as property of the widow, and a court of equity will remove such cloud.</p> <p>Where there are several defendants, and one demurs and the other answers, the one demurring cannot appeal from an order overruling his demurrer, thereby splitting the cause of action.</p>