Suplee v. Eckert

Seitz, Chancellor:

This is the decision on defendants’ motion to dismiss plaintiffs’ complaint seeking to remove a cloud on their title to real estate.1

*430Plaintiffs allege that they own and are in possession of certain pieces of real estate in the area known as Fenwick Island. They claim title through an October 10, 1939, sheriff’s deed resulting from a mortgage foreclosure. Defendants claim title to the same lands through a tax deed dated April 17, 1936.

Defendants say that the tax sale destroyed prior liens including the mortgage, the subsequent foreclosure of which forms the basis of…