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Dunlap v. Brown

1 Del. Cas. 148 Court Court of Common Pleas. Sussex. Decision date 1797-03-06 English

Delivered by Per Curiam. Bassett, C. J.

Contents

Majority

p. 148
DUNLAP et al. v. JAMES BROWN.
Court of Common Pleas. Sussex.
March 6, 1797.
Wilson’s Red Book, 168.
Miller and Hall for plaintiff. Wilson for defendant.

It is contrary to our rules to set aside an execution returned to a former term; there ought to be times within which people ought to apply for redress.

This would be a total loss of plaintiffs’ debt, being foreigners and the estate insolvent; a court of equity would compel the party claiming justice also [to] do it himself.

Rodney, J., accordant.