Bethlehem Construction Co. v. Christiana Construction Co.

Pennewill, C. J.,

delivering the opinion of the Court:

The demurrer sets forth five grounds, but only two were argued and relied on, viz.:(1) That the plaintiff’s statement was not filed in the time required by law; and(2) That any claim the plaintiff may have had is not assert-able against the property in the hands of a purchaser subsequent to the receivership of the Wilmington Sugar Refining Company and *149the sale of the property by the receiver under the Chancellor’s decree.

In determining the demurrer, the court will consider the first ground only, viz., that plaintiff’s statement of claim was…