Delaware § 2902 Attachment of lien to proceeds of sale

Delaware Statutes

§ 2902 — Attachment of lien to proceeds of sale

Delaware § 2902

Title25

PartMortgages and Other Liens

Ch. 29LIENS OF THE STATE AND/OR ITS POLITICAL SUBDIVISIONS

This text of Delaware § 2902 (Attachment of lien to proceeds of sale) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 25, § 2902 (2026).

Text

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.

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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