Citizens National Bank v. Trustees of Middletown Academy
Court of Chancery of Delaware
Bill for an injunction to restrain an execution sale of land.'—The bill was filed by the Citizens ISTational Bank of Middletown, Delaware, a corporation of the United States, against the Trustees of the Middletown Academy, a corporation of the State of Delaware, and Thomas Ford, Sheriff of Eew Castle County, and Lydia Smith and John Diehl, executors of George H. Smith, deceased, Samuel Lindsay, Angeline C. Johnson, formerly Angeline C. Yandegrift, and Zadoc Poole.
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Bill for an injunction to restrain an execution sale of land.'—The bill was filed by the Citizens ISTational Bank of Middletown, Delaware, a corporation of the United States, against the Trustees of the Middletown Academy, a corporation of the State of Delaware, and Thomas Ford, Sheriff of Eew Castle County, and Lydia Smith and John Diehl, executors of George H. Smith, deceased, Samuel Lindsay, Angeline C. Johnson, formerly Angeline C. Yandegrift, and Zadoc Poole. The facts in this case, as stated by the bill, and in respect' to which there was no contention, were as follows: Edward 0.…
1Opinion of the Court
The Chancellor.
When land subject to incumbrances is sold successively in parcels, each of them will be liable in the inverse order of alienation.
If a judgment or mortgage is a lien on three tracts of land belonging to the same person, who sells one of them to A, another afterwards to B, and finally the third to C, A is entitled to exoneration at the expense of B and C, while B has a similar right against C ; and if an execution is issued under such circumstances, on the judgment, the court may direct that C’s land shall be first exposed to sale, next B’s; and that A’s shall not be sold unless…
2Cases cited2 opinions
- Gill v. LyonNew York Court of Chancery · 1815
- Mevey's AppealSupreme Court of Pennsylvania · 1846