In re Adair
Superior Court of Delaware
Petition by Julia A. P. Adair for rule directed to Horace G. Eastburn and wife, mortgagors, Allen B. Clement, purchaser at sheriff’s sale, under foreclosure proceedings, and Harry J. Stidham, sheriff, making the sale, to show cause why the sale should not be set aside.
1Opinion of the Court
Heisel, J.:
We sustain the motion to dismiss the rule, on the ground that the petitioner is not such a party as has the right in a proceeding of this character to make objection to the confirmation of the sheriff’s sale.
Woolley on Delaware Practice lays it down that the application must be made by the defendant or defendants in the writ, or one of them, or by a judgment creditor whose judgment is a lien upon the property sold. So that the person who can object to the confirmation of the sheriff’s sale in a proceeding of this sort has to be one whose interest appears by the records of this…
2Cited by4 opinions
- Soliman v. Spencer (In Re Spencer)District Court, D. Delaware · 1990
- In re Seaford Hardware Co.Superior Court of Delaware · 1926
- Soliman v. Spencer (In re Spencer)United States Bankruptcy Court, D. Delaware · 1989
- Aims, Inc. v. Cedar Inn, Inc.Supreme Court of Delaware · 1971