Legal Opinion
Flemming v. Thompson
Supreme Court of Delaware
Decided August 1, 1975PublishedCited by 6 opinions
1Opinion of the Court
DUFFY, Justice:
Relying on Doeber v. Thackston, Del. Super., 70 A.2d 263 (1949), the Superior Court determined that liens of execution on a mobile home secured pursuant to 10 Del.C. § 5081 take precedence over the prior-in-time rights of a bona fide purchaser for value of the home.
10 Del.C. § 5081 provides:
“An execution shall not bind goods and chattels until it is delivered to the sheriff or other proper officer to be executed. An execution shall, from the time it is so delivered, bind all the goods and chattels of the defendant within the bailiwick, which shall be actually levied upon within…
2Cases cited1 opinion
- Doeber v. ThackstonSuperior Court of Delaware · 1949
3Cited by6 opinions
- Brengle v. Wilmington Trust Co. (In Re Brengle)United States Bankruptcy Court, D. Delaware · 1981
- Marvel v. Lasher (In Re Marvel)United States Bankruptcy Court, D. Delaware · 1992
- United Student Aid Funds, Inc. v. Clemmons (In Re Clemmons)United States Bankruptcy Court, D. Delaware · 1989
- In re Stanley's Asphalt Paving, Inc.United States Bankruptcy Court, D. Delaware · 2006
- XRI Investment Holdings LLC v. HolifieldCourt of Chancery of Delaware · 2022
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