Legal Opinion

Shockley v. Abbott Supply Company

Supreme Court of Delaware

Decided October 31, 1957No. 8PublishedCited by 14 opinions

1Opinion of the Court

Southerland, C. J.:

The principal question in this case is whether a sale in Sussex County for nonpayment of county taxes extinguishes mortgage hens antedating the tax lien.

The facts are these:

In 1905 Fenwick Island Land Company, a Delaware corporation, acquired title to a tract of land in Sussex County comprising that portion of Fenwick Island within the State of Delaware. In 1908 the corporation executed a mortgage to Philip Moore and others reciting a debt of $5,000. In 1935 the land (or a portion of it, including the lands here involved) was sold at public sale for nonpayment of county…

2Cases cited4 opinions

  1. Frankel v. SatterfieldSuperior Court of Delaware · 1890
  2. Abbott Supply Company v. ShockleySuperior Court of Delaware · 1956
  3. Pottock v. MellottSupreme Court of Delaware · 1941
  4. Cottrell v. Pawcatuck Co.Supreme Court of Delaware · 1957

3Cited by14 opinions

  1. State Ex Rel. Buckson v. Pennsylvania Railroad Co.Supreme Court of Delaware · 1969
  2. Mitchell v. Delaware Alcoholic Beverage Control CommissionSuperior Court of Delaware · 1963
  3. Bond v. DudleySupreme Court of Arkansas · 1968
  4. Brown v. Federal National Mortgage AssociationSupreme Court of Delaware · 1976
  5. State Ex Rel. State Highway Department v. PhillipsCourt of Chancery of Delaware · 1973

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