§ 4980 — Deed executed after petition; effect on title

A deed, executed pursuant to an order made under § 4979 of this title, shall pass to the grantee therein all the title and estate to and in the premises therein conveyed, which, in pursuance of the sale, and of the execution, or order by virtue whereof such sale was made, can, or ought to be passed. If the person, to whom such deed is executed, is not entitled to the same, according to justice and equity, or if a greater estate is conveyed to the grantee than the grantee is justly entitled to, such deed, or order, shall not prejudice any person having right; but such deed may be decreed to be upon trust, or any person, having right, may be otherwise relieved according to equity and good conscience.

Legislative History

Code 1852, § 2456; Code 1915, § 4368; Code 1935, § 4826; 10 Del. C. 1953, § 4980; 70 Del. Laws, c. 186, § 1