Hunn's Executors v. Collins' Executors

Delaware Court of Common Pleas

Hunn's Executors v. Collins' Executors

1 Del. Cas. 464, 1798 Del. LEXIS 27

DecidedAugust 1, 1798

StatusPublished

This text of 1 Del. Cas. 464 (Hunn's Executors v. Collins' Executors) is published on Counsel Stack Legal Research, covering Delaware Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hunn's Executors v. Collins' Executors, 1 Del. Cas. 464, 1798 Del. LEXIS 27 (Del. Super. Ct. 1798).

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Opinion

August 6th.

Per Curiam.

Having taken time to consider this case, we are of opinion that the evidence does not maintain the plaintiffs’ action. The ground of our decision is that a general sale by a sheriff has nothing to do with mortgages on the property. He does not sell to pay them, and his sale does not discharge them. If they are prior to the title of the purchaser, which relates to the date of the judgment on which the sale is, he purchases subject to them and must secure himself by the price which he gives. We say nothing of such sales upon which particular stipulations or agreements are made that mortgages shall be discharged out of the purchase money. Such cases will depend upon their own circumstances. In this case, as it stands upon the demurrer, the defendants must have judgment.

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August 6th.

Per Curiam.

Having taken time to consider this case, we are of opinion that the evidence does not maintain the plaintiffs’ action. The ground of our decision is that a general sale by a sheriff has nothing to do with mortgages on the property. He does not sell to pay them, and his sale does not discharge them. If they are prior to the title of the purchaser, which relates to the date of the judgment on which the sale is, he purchases subject to them and must secure himself by the price which he gives. We say nothing of such sales upon which particular stipulations or agreements are made that mortgages shall be discharged out of the purchase money. Such cases will depend upon their own circumstances. In this case, as it stands upon the demurrer, the defendants must have judgment.

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Bluebook (online)

1 Del. Cas. 464, 1798 Del. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunns-executors-v-collins-executors-delctcompl-1798.