Lynch v. Doordon

Citations

• 25 Del. 120
• 2 Boyce 120
• 78 A. 297
• 1910 Del. LEXIS 81

Syllabus

<p>1. Executors and Administrators — Sales Under Order of Court— Statutes — Title and Rights of Purchaser — Rent.</p> <p>Under Rev. Code 1852, amended to 1893, p. 690, c. 90. § 8., which provides that the purchaser of any real estate sold by an executor under order of the Orphans’ Court shall take all the estate, title, and claim which the deceased had at the time of its death, the purchaser of land at an administration sale, after confirmation, acquires the right to the accruing rent from the day of sale; the right after confirmation relating back to that date.</p> <p>2. Executors and Administrators — Sale by Orphans’ Court — Purchaser’s Title and Rights — Rent—Agreed Conditions of Sale.</p> <p>. Plaintiff, an executor, made a lease of premises belonging to the estate, to end September 3, 1910, and the defendant entered and continued in occupancy until September 21, 1910. On August 17, 1910, under an order of sale from the Orphans’ Court, the premises were sold,and on September 21, 1910, the sale was confirmed, and the deed ordered to be delivered to the purchaser, who had, by the stipulated conditions of sale, agreed that possession of the premises should be given upon the delivery of the deed after confirmation of the sale. Held, that the stipulated conditions of sale were tantamount to an express reservation by the plaintiff of the accruing rents to the time of the confirmation of the sale and the purchaser’s possession, preventing the relation back of the purchaser’s rights, after confirmation, to rents from the day of sale, and hence the plaintiff was entitled to rents to the day when the sale was confirmed.</p>