In re the Real Estate of Donaghy
Orphan's Court of Delaware
Objections to Confirmation of Sale. The administratrices of Peter J. Donaghy, deceased, having sold certain real estate of the deceased for the payment of debts, under an order of the Orphans’ Court, made return thereof, and aslced that the amount deposited by the purchaser be declared forfeited for failure of the purchaser to pay the balance of the purchase money within the time limited in the conditions of sale.
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Objections to Confirmation of Sale. The administratrices of Peter J. Donaghy, deceased, having sold certain real estate of the deceased for the payment of debts, under an order of the Orphans’ Court, made return thereof, and aslced that the amount deposited by the purchaser be declared forfeited for failure of the purchaser to pay the balance of the purchase money within the time limited in the conditions of sale. To this return the purchaser filed an answer alleging that the title was not good and marketable, as it was represented to be by counsel for the administratrices at the time of the…
1Opinion of the CourtRice, J.
(delivering opinion of the Court): Annie Fitzhai'ris and Margaret Kane, administratrices of the estate of Peter J. Donaghy, deceased, pursuant to an order of the Orphans’ Court in and for New Castle County, for the sale of land to pay debts, exposed for sale lands and premises situate in Christiana Hundred. The sale was held on Saturday, April 1st, 1911, and at that time the attorney representing the estate stated “the title to be good and marketable, or would be made good and marketable at the expense of the estate, or forfeit money to be returned.” On the seventh day of April the…
2Cases cited3 opinions
- Carolan v. YoranAppellate Division of the Supreme Court of the State of New York · 1905
- Ruess v. EwenAppellate Division of the Supreme Court of the State of New York · 1898
- Ruess v. EwenAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- In re Real Estate of WheelerOrphan's Court of Delaware · 1917
- Holladay v. FlinnOrphan's Court of Delaware · 1929
- In re PettyjohnOrphan's Court of Delaware · 1948