Limitation in Delaware

In the Past

Delaware (see more about this State laws here). 1. As to lands. Twenty years of adverse possession of land is a bar. The general principles of the English law on this subject, have been adopted in this state.

As to personal actions. All actions of trespass quare clausum fregit; of detinue; trover and replevin, for taking away goods or chattels; upon account and upon the case; (other than actions between merchant and merchant, their factors and servants, about goods;) upon the case for words; of debt grounded upon any lending or contract without specially; of debt for arrearages of rent; and all actions of trespass, assault, battery, menace, wounding or imprisonment, must be commenced and sued within three years next after the cause of such action or suit accrues and not after.

The 2d section of the same act contains a saving, in favor of people who, at the time of the cause of action accrued, are within the age of twenty-one years; femes covert; people of insane memory or imprisoned. Such people must bring their actions within one year next after the removal of such disability as aforesaid. In the 3d section of the same act, provision is made, that no person not keeping a day book or regular book of accounts, must be admitted to prove or need payment of any account of longer standing than one year against the estate of any person dying within the state or if it consist of many particulars, unless every charge there must have accrued within three years next before the death of the deceased and unless the truth and justice tof this must be made to appear by one, enough witness; and if a regular book of accounts, unless such account must have accrued or arisen within three years before the death of the deceased person.

In section 6th, there is a saving of the rights or demands of infants, femes covert, people of insane memory or imprisoned, so their accounts be proved and their claims prosecuted within one year after the removal of such disability.

By a extra act, it is declared, that nothing contained in this act, must extend to any intercourse between merchant and merchant, according to the usual course of mercantile business nor to any demands founded on mortgages: bonds, bills, promissory notes or settlements under the hands of the parties concerned. All actions upon administration, guardian and testamentary bonds, must be commenced within six years after passing the said bonds; and actions on sheriff’s recognizances, within seven years after the entering into such recognizances and not after; saving in all these cases, the rights of infants, femes covert, people of insane memory or imprisoned, of bringing such actions on administration, guardian or testamentary bonds, within three years after the removal of the disability and on sheriff’s recognizances within one year after such disability removed.

No appeal can be taken from any interlocutory order or final decrees of the chancellor, but within one year next after making and signing the final decree, unless the person entitled to such appeal be an infant, feme covert, non compos mentis or a prisoner.

No writ of error, can be brought upon any judgment, but within five years after the confessing, entering or makeing tof this, unless the person entitled to such writ, be an infant, feme covert, non compos mentis or a prisoner and then within five years exclusive of the time of such disabi- lity. Constitution, article 5, s. 13.

There is no saving in favor of foreigners or citizens of other states. The courts of this state have adopted the general principles of the English law. [1]

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Notes and References

1. Partialy, this information about limitation is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including limitation.

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