Betts v. Dick

Citations

• 17 Del. 268
• 1 Penne. 268
• 40 A. 185
• 1898 Del. LEXIS 19

Syllabus

<p>Record of Deeds—Ejectment—Lease—Construction— Taxation—Sale.</p> <p>1. The record of a lease by a corporation is inadmissible in evidence if the seal of the corporation does not appear thereon.</p> <p>2. In ejectment the deed under which plaintiff claims may be admitted, although it was recorded pending suit.</p> <p>3. Where plaintiff’s chain of title in ejectment depended on a lease which provided that the lessee should not dispose of the premises without the written consent of the lessor, the failure to show such consent is not cause for non suit, since an assignment contrary to said provision would not be void, but only voidable, at the lessor’s option.</p> <p>4. Under 17 Delaware Laws, ch. 46, Sec. 3, providing that, if a tax sale “be approved (by the court to which it is returnable), the president,shall make,a deed to the purchaser, which shall convey the title of the taxable,” the legal title remains in the tax debtor until a deed is executed.</p>