SIMS v. SLOVIN


207 A.2d 597 (1965)

George SIMS, Guardian of the Estate of John W. Nichols, and Carrie L. Nichols, Plaintiffs, v. Abraham M. SLOVIN and Eleanor Slovin, his wife, and Milton N. Slovin and Edith Slovin, his wife, Defendants.

Court of Chancery of Delaware, New Castle.

February 5, 1965.


Attorney(s) appearing for the Case

Thomas Herlihy, Jr., and Theophilus R. Nix, Wilmington, for plaintiffs.

James M. Tunnell, Jr., and John T. Gallagher, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendants.


MARVEL, Vice Chancellor:

The original complaint herein, which was filed by John W. Nichols and Carrie L. Nichols, his wife, sought rescission of an accomplished sale of real estate together with injunctive relief against the committing of waste pending the granting of such primary relief. Said complaint alleged that on "* * * or about December 4, 1962 or 1st day of May, 1963 * * *", plaintiffs, who were at the time over 78 years of age and in "* * * relatively poor...

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