Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-05-01

rskNlS N Is, + 'lHE S@Gtf noF SnA$-
UNDER THE AUTHORITY OF THE 6 IN,
r. 40, k i.i, BY George Il; Bales Of
delphis, n 81. W. johnson 4 10 . 1884 pr 80.
The first two volumes Of Delaware Chancery
reports, prepared With much labor by the
late Chancellor Bates and published under
his supervision, contained d selection of Cases
decided by his predecessors in Office, from
1874 to 1865, including opinions by Ridgely,
Johns, Senior. Johns, Junior, and Harrington,
These were collected from manuscripts were
chronoiog!cally arranged, supplied with head
notes and properly indexed, and furnished to
the profession during the lifetime of Judge
Bates and it WAS his intention to continue
the series by ublishing the reports of cases
which had been heard and determined by
himself during the eight years he was on the
bench. In the prosecution of this design he
had made very full notes Of the evidence.
arguments and decision in each case His
death at Richmond, Va, on March 2Sth, 1879.
prevented personal revision OF his work in
preparation for the press, but this labor has
been very competently performed by his son,
who under the authority of the Legislature,
has edited the third and fourth volumes.
The third volume was noticed in these
columns at the time Of its appearance. The
present volume brings the reports down to the
resignation of the chancellor, in the fall of
1873, and contains many interesting and i'm
portant decisions. The history of each case
is concisely stated, the evidence being given
at length where necessary, the arguments OF
counsel are fairly presented, and the opinion
always exhibits the learning and careful
deliberstion and exhaustive examination of
the law for which the chancellor was pre-
eminent. The practice cases in this volume
are quite numerous and the editor has taken
the pains to render them more useful to the
.-.t,,, ta - nfa,-
later rulings in this and other courts. Some
of the questions decided are OF novel impress
sion in this State, at least in the practical
application of the principles OF equity In
Satherwait Vi. Marshall. p. 1877. which was
an application for the specific performance Of
a contract for the sale OF chatte intere st.
it is held that the true test OF
Torrance il the adequacy or inadeauacy
Of damages az a redress for the breach Of the
covenant and therefore, when, under a con
tract of sale, from the nature of the chattel
interest contracted for, or from any circum-
stances, sufficiently certain and adequate
| redress cannot be afforded by an action at
| law equity will relieve without respect to the
| question whether the subject matter of the
contract is real or personal property. In
Horsey ys. Stockley, p. &c. the law relating
| to the preference OF creditors, which is some.
| thing Of an anomaly, is fully discussed and
explained, the decree being afterwards
affirmed on appeal. The Attorney General
| VI. The Mayor Of Wilmington, p. 575, decides
| that the city may be enjoined against incur
| ring debts in excess of the amount allowed
| by its charter. In demmill w. Richardson,
| p. 500, a mortgage executed by husband
and wife was foreclosed after the husband 3
death, the mortgaged premises Sold and q
| surplus Of the proceeds of sale, after satisfy
| ing the mortgage, applied by the sheriff to
| Judgment against the husband: Held that it
was too late, in the absence of fraud or col
fusion, to assert the widows claim to equitable
| dover III the surplus this case being dis
| tmguished from that Of Cornog vs. Cornog,
reported in the preceding volume, where the
/ widow was allowed dover in the surplus, the
sheriff having received notice of her claim,
and the fund being brought into court.
| Clawson We. Primrose, p. $40, discusses al
! great length the doctrine of ancient lights
and establishes the English common law rule
| OF the presumptiye title to light and air re.
| ceived over the land of another person, arising
from an uninterrupted use and enjoyment Of
the same for twenty years and upwards.
This is not the generally admitted law
in the United States, but must be received as
| authoritative in Delaware until over ruled
| by the court Of appeals or modified by legis-
| lative enactment, The chancellor followed
| the common law Of England as it was
| adopted at the organization of our State
| government, in 1776. The opinion examines
with elaborate care the clause Of the State