Delaware Code § 25-745

Real estate in more than 1 county; appointment of freeholders; effect of recording in another county
Open in Lexace · Ask the AI about this section
(a) Where the real estate which is the subject of partition under this chapter lies in more than 1 of the counties of this State, the
freeholders to make the partition may be selected from 1 county or from several counties, in the discretion of the Court. The Court shall
order the part of the proceedings which relates to real estate in another county than that wherein the petition for partition is presented to
be certified and recorded in the Court of Chancery in that county; and the record shall have all the effect of an original record.
(b) Satisfactions of the share or interest of parties entitled to the purchase money, secured by a recognizance entered into by the purchaser
of lands in another county than that wherein the petition for partition is presented, entered upon the record of the county wherein the
petition is presented by the county to which the proceedings are certified and recorded, shall be certified by the Clerk of the Court of
Chancery of the other county noted on the record of the recognizance there, and the notation shall be considered as a satisfaction of the
shares as though the satisfaction had been originally entered on the record of the county to which the proceeding is certified.
(Code 1852, § 1707; Code 1915, § 3294; 35 Del. Laws, c. 196; Code 1935, § 3758; 25 Del. C. 1953, § 745.)

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.