In re Downes

HARRINGTON) J.,

delivering the opinion of the court:

This case involves the jurisdiction of this court. Whatever the common law rule may have been (Vincent v. Platt, 5 Har. 164; First National Bank v. Crook, 6 W. W. Harr. [36 Del.] 281, 174 A. 369), in a proper case the right of the Orphans’ Court, for Kent County, to order the sale of such portion of the lands of a deceased person, located in the County,- as may be necessary to pay his debts, cannot be questioned. (Rev. Code 1935, § 3877). But, though it appears from the petition that the deceased, also, owned lands in another county of the…