In re Shelly

Citations

• 24 Del. 10
• 1 Boyce 10
• 73 A. 796
• 1909 Del. LEXIS 27

Syllabus

<p>Proceeds of Sale by Sheriff—Attachment by Creditor of lien Creditor of Defendant in the Execution—Money paid into Court— Petition of the lien Creditor to pay money out of Court.</p> <p>1. Money in the hands of sheriff arising from sale of real estate made by him under execution process, cannot be attached until he has paid all pre-existing liens upon the real estate so sold.</p> <p>2. A surplus or balance in hands of sheriff, arising from a sale under . an execution, after payment of all legal demands upon him, belonging and payable to defendant in execution, may be attached.</p> <p>3. Rights in the proceeds of a sheriff’s sale do not become fixed until after confirmation of sale.</p> <p>4. Proceeds of a sale made by a sheriff, remaining in his hands and belonging to a lien creditor of the defendant in the execution, cannot be attached, it being against public policy to disturb public officers in the discharge of their official duties.</p> <p>5. A sheriff having been garnisheed by a creditor of the lien creditor of the defendant in the execution under which he sold real estate, and having subsequently paid the share of such creditor in the proceeds of the sale into court, the Court will not annul its order authorizing the payment into court, but will hear and determine the rights of the claimants, upon the petition of the lien creditor of the defendant'to draw the money out of court.</p>