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29 Del. 245

In re Adair

Superior Court of Delaware

Decided May 15, 1916

Superior Court of Delaware · decided 1916-05-15

Petition by Julia A. P. Adair for rule directed to Horace G. Eastburn and wife, mortgagors, Allen B. Clement, purchaser at sheriff’s sale, under foreclosure proceedings, and Harry J. Stidham, sheriff, making the sale, to show cause why the sale should not be set aside.

Good law ✅— No negative treatment on recordhow we know

Rule discharged, and petition dismissed · Decided 1916-05-15

How this case has been cited

Cited by 5 later decisions — most recently May 1990

1 district · 3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Heisel, J.:

¶1We sustain the motion to dismiss the rule, on the ground that the petitioner is not such a party as has the right in a proceeding of this character to make objection to the confirmation of the sheriff’s sale.

¶2Woolley on Delaware Practice lays it down that the application must be made by the defendant or defendants in the writ, or one of them, or by a judgment creditor whose judgment is a lien upon the property sold. So that the person who can object to the confirmation of the sheriff’s sale in a proceeding of this sort has to be one whose interest appears by the records of this court, and cannot be brought for the purpose of trying title between persons, not partiés to, or directly affected by the sheriff’s sale. Petition dismissed.

¶3Let the costs of this proceeding be taxed against the petitioner.

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