In re Williams
Superior Court of Delaware
Petition to draw money out of court. In a foreclosure proceeding the sheriff paid the surplus proceeds into court, and Clara J. Williams petitions for the payment thereof to her. On motion to dismiss the petition on the grounds that petitioner is not a legal claimant, and that the Superior Court is without jurisdiction. Petition and motion continued.
Read the full summary
Petition to draw money out of court. In a foreclosure proceeding the sheriff paid the surplus proceeds into court, and Clara J. Williams petitions for the payment thereof to her. On motion to dismiss the petition on the grounds that petitioner is not a legal claimant, and that the Superior Court is without jurisdiction. Petition and motion continued. Under Chapter 32, Section 3, Revised Code 1852, amended to 1893, p. 259, in behalf of a sheriff where several persons claim the proceeds of a sale, under execution process, the then sheriff of Sussex County was permitted, upon his petition, at…
1Opinion of the CourtBoyce, J.
[1] The petitioner bases her claim to the surplus proceeds in court upon the deed of conveyance from her husband made directly to her of the lands sold by the sheriff under foreclosure proceedings. It is conceded that the conveyance so made passed only an equitable estate or interest in the lands to the wife, leaving the legal title therein in the husband; but the contention is made that this court will distribute the fund, it being in court, although it may require the exercise of equity jurisdiction to do so, under the power and authority of Chapter 92, Section 2, Revised Code 1852, amended…
2Cases cited1 opinion
- Gemmill v. RichardsonCourt of Chancery of Delaware · 1873
3Cited by4 opinions
- Godman v. GreerOrphan's Court of Delaware · 1918
- In re Republic Engineering Co.Superior Court of Delaware · 1925
- Polin v. Delmarva Poultry Corp.Superior Court of Delaware · 1963
- Williams v. BettsCourt of Chancery of Delaware · 1916