§ 2902 — Attachment of lien to proceeds of sale

In case any real estate upon which a tax lien exists is sold by an order of the Court of Chancery directing an executor or administrator to sell the real estate to pay the debts of a deceased person or is sold by virtue of an execution process, such tax lien shall be transferred to the fund arising from such sale in the hands of the officer making the sale, and the real estate so sold shall be discharged therefrom. If the fund is not sufficient to pay and discharge the tax lien, by reason of the real estate having been sold subject to another or other lien or liens created by the taxable, the unpaid balance of the tax shall remain a lien upon the land so sold.

Legislative History

15 Del. Laws, c. 476 ; 16 Del. Laws, c. 141 ; 19 Del. Laws, c. 262 ; Code 1915, § 2870; 40 Del. Laws, c. 238, § 3 ; Code 1935, § 3351; 25 Del. C. 1953, § 2902