City of New Castle v. Whaley's Heirs

Opinion by

Baldrige, J.,

This is an appeal from a judgment entered for the defendants on the pleadings under a sci. fa. to revive judgment on a municipal lien.

John Whaley died on February 1, 1900. Under his will he devised his real estate on County Line Street, in the city of New Castle, to his wife, Sarah, for life, and directed that, after her death, the land should be sold and distributed, in part, to certain legatees, and the residue as she' should appoint. County Line Street was paved in the summer of 1910. A municipal claim was filed against John Whaley’s Heirs and Sarah E. Whaley for…