Hawthorn v. Sayers

Citations

• 16 Del. 177

Syllabus

<p>Execution, Sale. Mortgage. Notice.—The statute requires notice of the sale of land by the Sheriff, in execution of a mortgage, to be served upon each defendant, including the mortgagor, who had sold the land, and had no interest in the proceedings, the price at which the land was sold being in excess of the mortgage debt, interest and costs.</p> <p>Same,—In such case the failure to give notice cannot be cured by a waiver after the sale, and the sale will be set aside.</p> <p>Mortgage, Scire Facias.—A mortgagor who has sold the equity of redemption is a necessary party to a scire facias on the mortgage.</p>