Smith v. Simmons

Decided March 13, 1900

Superior Court of Delaware · decided 1900-03-13

This was a case stated, the material facts of which were as follows: At the May Term, 1880, of the Superior Court for New Castle County, the firm of Platt & Elkinton recovered a judgment against… Held: the land condemned, and the property sold by William Simmons, sheriff, on the 17th day of November, 1892, to Michael R. Reedy for $3,000, which sum of $3,000 came into the hands of William Simmons as sheriff, as aforesaid.

Decided 1900-03-13

The Court

¶1held that the duty was upon the sheriff to distribute the proceeds of the sheriff’s sale to and among the parties legally entitled thereto; that the burden was upon him as a part of the duties of his office, and he did it at his peril.

¶2The Court in handing down its decision stated that it had no option in remitting the 20 per cent, interest fixed by the statute upon the amount claimed. Judgment was thereupon entered for the plaintiffs for the sum of $488.66 with interest thereon from the 19th day of February, A. D. 1897, at the rate of 20 per centum per annum, in pursuance of the statute in that behalf, until said principal sum is paid, etc.