Doe v. Roe
Superior Court of Delaware
Ejectment. Suit brought ninth November, 1833. Demise laid on the tenth October, 1833. The plff. derived title to the lands in dispute under a sheriff’s sale on judgment and execution and deed executed conformable thereto.
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Ejectment. Suit brought ninth November, 1833. Demise laid on the tenth October, 1833. The plff. derived title to the lands in dispute under a sheriff’s sale on judgment and execution and deed executed conformable thereto. The judgment was recovered in a scire facias on a recognizance in the orphans’ court, and bore date tenth May, 1832. On this judgment a fieri facias issued, returnable to the November term, 1832, which was returned levied on the lands in question; inquiry held and not sufficient. Venditioni Exponas returnable to May term, 1833, upon which the sheriff returned that he had…
1Opinion of the Court
The Court
directed a nonsuit. The plff.’s title accrues from the sheriff’s deed. It commenced with the sale, but was not perfected until a deed was executed; and though he has certain rights given to him by act of assembly as to rent from the time of sale and to possession in a summary way, the legal title is not in the purchaser until a deed is executed. In this state a deed has always been considered necessary to perfect the title by execution and enable the purchaser to bring ejectment, (a) The sheriff seldom receives the purchase money, or, at least, all of it, until the deed is made. The…
2Cases cited1 opinion
- Wray v. HenrySupreme Court of Louisiana · 1821