Dayett v. Willitts

Citations

• 9 Del. Ch. 424
• 74 A. 689
• 1909 Del. Ch. LEXIS 5

Syllabus

<p>The lien of a chattel mortgage is preserved against the proceeds of sale made of mortgaged property by the administrator of a deceased mortgagor, and is given precedence of payment over a judgment creditor.</p> <p>The lien on personal property acquired in the life of a debtor by the levy of an execution is preserved against the proceeds of sale of the property levied on made by the administrator of the debtor, and is given precedence over the debt due to a prior judgment debtor who had no levy on the property sold.</p> <p>Taxes are included within the class of “other demands’’ in the statute fixing the order for the payment of debts of a decedent, and are not to be paid in precedence to a judgment creditor of the deceased taxable.</p>