Property · MBE-tested
In re Petition of Joseph L. Carpenter, Jr., and Alfred D. Warner
16 Del. 1492 Marv. 149·Delaware Superior Court·1895·DE
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Opinion
In re Petition of Joseph L. Carpenter, Jr., and Alfred D. Warner.
New Castle County,
November Term, 1895.
1. —The Sheriff must execute deed in accordance with return of the writ confirmed by the Court.
2. —If the Sheriff makes a deed to the party other than the one named in the return confirmed by the Court, upon petition the Court will grant an order authorizing him to make deed to the party named in the return.
Hugh C. Browne, for the petitioners,
presented the petition of Joseph L. Carpenter,‘Jr., and Alfred D. Warner asking that the Court grant an order authorizing Paul Gillis, the present Sheriff, to make deeds in accordance with the returns on certain writs, under the statute in such case made and provided, the late Sheriff having failed to make such deeds.
The petition disclosed that Alvan Allen, late Sheriff of New Castle County, sold a parcel of land described in writ No. 91, to May Term, 1890, to Joseph L. Carpenter, Jr., and other parcels of land described in writ No. 92 to the May Term, 1890, to Alfred D. Warner and made the return on the said writs in accordance therewith, and the same were confirmed. That the said late Sheriff executed a deed conveying the lands described in writ No. 91 aforesaid to Alfred D. Warner, and the lands described in writ No. 92 aforesaid to Joseph L. Carpenter, Jr.
It was admitted that the deeds had been recorded.
[MAJORITY]
The petition was granted and the order made.