Del.Supr.,2010.
Thompson v. Lynch
990 A.2d 432 Supreme Court of Delaware.
[2] Estoppel 156 1
156 Estoppel
156I By Record
156k1 k. Nature and elements in general. Most Cited Cases
106k40 k. Acts and proceedings without jurisdiction. Most Cited Cases
Judgment 228 16
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
228 Judgment
228I Nature and Essentials in General
228k16 k. Jurisdiction of the person and subject-matter. Most Cited Cases
If a court lacks subject matter jurisdiction, its decision is a nullity.
[4] Equity 150 57
150 Equity
150I Jurisdiction, Principles, and Maxims
150I(C) Principles and Maxims of Equity
289k258 Actions by or Against Surviving Partners or Representatives of Deceased Partners
289k258(11) k. Judgment. Most Cited Cases
Chancellor’s order requiring partner’s heir to wind up business and affairs of partnership after death of both partners
and distribute partnership’s land to partners’ heirs as tenants in common resolved heir’s challenge to subject matter
jurisdiction over action to partition land owned by partnership; equity regarded as done what should have been done.
150I(C) Principles and Maxims of Equity
150k57 k. Equity regards that as done which ought to be done. Most Cited Cases
Equity regards that as done which in good conscience ought to be done.
[6] Partition 288 78
Partition 288 92
288 Partition
288II Actions for Partition
Court Below: Court of Chancery of the State of Delaware, C.A. No. 2488.
Upon appeal from the Court of Chancery. AFFIRMED.John A. Sergovic, Jr., Esquire (argued), Sergovic & Car–
BERGER, Justice:
In this appeal we consider whether the Court of Chancery lacked subject matter jurisdiction to partition a parcel of
land, and whether its decision was based on an adequate factual record. After the partition process had concluded,
The 193 acre parcel in dispute is located at the corner of Route 1 and New Wharf Road in Milford, Delaware. As of
1985, a partnership named Bowen’s Mill Landing owned the parcel. George C. Chaney and William F. Dickerson
were Bowen’s Mill‘s two partners. Chaney died in 1990 and his wife, Dorothy L. Chaney, inherited his interest in the
parcel. Her two sons, John R. and Dewey C. Lynch, inherited their mother‘s interest upon her death in 2004. Dicker-
report in August 2007. The original parcel’s western boundary bordered the City of Milford. The commission pro-
posed to divide the property into two parcels of equal size. The western parcel would border Milford and the eastern
parcel would border the western parcel. The only difference between the parcels is that, because the western parcel
would border the city, it would be eligible to be annexed. The eastern parcel would be eligible to be annexed only
after annexation of the western parcel.
the partnership, Bowen’s Mill Landing. Thompson stated that the partnership was dissolved, by operation of law,
when Chaney died in 1990, but that her father, the remaining partner, never wound up the partnership’s affairs or
distributed its assets. As a result, Thompson claims, she and the Lynches actually own 50% of a dissolved partner-
ship, not the parcel itself.
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
228 Judgment
228I Nature and Essentials in General
228k16 k. Jurisdiction of the person and subject-matter. Most Cited Cases
If a court lacks subject matter jurisdiction, its decision is a nullity.
[4] Equity 150 57
150 Equity
150I Jurisdiction, Principles, and Maxims
150I(C) Principles and Maxims of Equity
289k258 Actions by or Against Surviving Partners or Representatives of Deceased Partners
289k258(11) k. Judgment. Most Cited Cases
Chancellor’s order requiring partner’s heir to wind up business and affairs of partnership after death of both partners
and distribute partnership’s land to partners’ heirs as tenants in common resolved heir’s challenge to subject matter
jurisdiction over action to partition land owned by partnership; equity regarded as done what should have been done.
150I(C) Principles and Maxims of Equity
150k57 k. Equity regards that as done which ought to be done. Most Cited Cases
Equity regards that as done which in good conscience ought to be done.
[6] Partition 288 78
Partition 288 92
288 Partition
288II Actions for Partition
Court Below: Court of Chancery of the State of Delaware, C.A. No. 2488.
Upon appeal from the Court of Chancery. AFFIRMED.John A. Sergovic, Jr., Esquire (argued), Sergovic & Car–
BERGER, Justice:
In this appeal we consider whether the Court of Chancery lacked subject matter jurisdiction to partition a parcel of
land, and whether its decision was based on an adequate factual record. After the partition process had concluded,
The 193 acre parcel in dispute is located at the corner of Route 1 and New Wharf Road in Milford, Delaware. As of
1985, a partnership named Bowen’s Mill Landing owned the parcel. George C. Chaney and William F. Dickerson
were Bowen’s Mill‘s two partners. Chaney died in 1990 and his wife, Dorothy L. Chaney, inherited his interest in the
parcel. Her two sons, John R. and Dewey C. Lynch, inherited their mother‘s interest upon her death in 2004. Dicker-
report in August 2007. The original parcel’s western boundary bordered the City of Milford. The commission pro-
posed to divide the property into two parcels of equal size. The western parcel would border Milford and the eastern
parcel would border the western parcel. The only difference between the parcels is that, because the western parcel
would border the city, it would be eligible to be annexed. The eastern parcel would be eligible to be annexed only
after annexation of the western parcel.
the partnership, Bowen’s Mill Landing. Thompson stated that the partnership was dissolved, by operation of law,
when Chaney died in 1990, but that her father, the remaining partner, never wound up the partnership’s affairs or
distributed its assets. As a result, Thompson claims, she and the Lynches actually own 50% of a dissolved partner-
ship, not the parcel itself.