Legal Opinion

In re Long

Superior Court of Delaware

Decided October 10, 1912No. 2PublishedCited by 1 opinion

Rule to Show Cause why a sheriff’s sale, returned to the October Term of Court, Sussex County, A. D. 1912, should not be set aside.

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Rule to Show Cause why a sheriff’s sale, returned to the October Term of Court, Sussex County, A. D. 1912, should not be set aside. The judgment upon which a writ of Levari Facias (No. 10, June Term, 1912) had been directed to the sheriff, was obtained by proceedings of scire facias sur mechanics’ lien, at the suit of Henry Holt, the contractor, for the erection of a house against Henry M. McDowell, the reputed owner of the land on which the house had been erected, who, it was admitted, had an equitable interest in said land, under a parol contract for the sale thereof, and with whom the…

1Opinion of the Court

Boyce, J.,

delivering the opinion of the court:

We are clearly of the opinion that it does not sufficiently appear that both the house and lot of ground were advertised for sale.

The advertisement is confined to a description and the location of the house.

Upon this announcement, counsel against the rule requested that the sale be set aside.

Boyce, J.:

The rule is made absolute, and the sale is set, aside.

2Cited by1 opinion

  1. In re Seaford Hardware Co.Superior Court of Delaware · 1926

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