CHAPTER 283

NEW CASTLE COUNTY LEVY COURT AUTHORIZING REFUND OF CERTAIN MONIES IN CONNECTION WITH SALE OF LOTS IN BRANDYWINE HUNDRED

AN ACT AUTHORIZING, EMPOWERING AND DIRECTING THE LEVY COURT OF NEW CASTLE COUNTY TO REFUND CERTAIN MONIES IN CONNECTION WITH THE SALE OF CERTAIN LOTS IN BRANDYWINE HUNDRED, NEW CASTLE COUNTY, STATE OF DELAWARE.

WHEREAS, Norman C. Downs, Collector of Taxes for Brandywine Hundred for the years 1933 and 1934, in an Action of Attachment for taxes in the Superior Court of the State of Delaware, in and for New Castle County, recovered judgment against James C. Lyons on the 17th day of March, A. D. 1944, in the sum of Six Dollars and Thirty-four Cents ($6.34), besides costs; and

WHEREAS, on the 30th day of March, A. D. 1944, it was ordered by the Court that the lands and tenements seized under said Attachment or so much thereof as should be sufficient, should be sold by the Sheriff of New Castle County upon due notice; and

WHEREAS, by virtue of the order of sale being No. 87 May Term 1944, the said Elmer C. Taylor, Sheriff of New Castle County, did on Saturday, the 29th day of April, 1944, at nine o'clock A.M., Eastern War Time, sell Lots Nos. 5 and 6 in Section A on the plan of Claymont Addition to satisfy the Writ of Attachment for taxes to Walter A. Garvine for the sum of One Hundred Forty-five Dollars ($145.00); and

WHEREAS, the said Elmer C. Taylor, Sheriff aforesaid, did make his return before the judges of the Superior Court of the State of Delaware, in and for New Castle County, on the 1st day of May, A. D. 1944; and

WHEREAS, on the 4th day of October, A.D. 1945, Robert A. Derrickson, then Sherriff of New Castle County, pursuant to an order of the Court, executed and delivered to Walter A. Garvine a deed for Lots Nos. 5 and 6 in Section A on the plan of Claymont Addition in Brandywine Hundred, New Castle County, State of Delaware; and

WHEREAS, the Writ of Attachment for taxes issued aforesaid against James C. Lyons was erroneously made against Lots Nos. 5 and 6 in Section A; and

WHEREAS, the aforesaid lots so sold were not subject to the taxes for which the said Writ of Attachment was issued and the said Walter A. Garvine did not obtain title to the aforesaid lots by the deed dated the 4th day of October, A. D. 1945; and

WHEREAS, the Levy Court of New Castle County desires to refund to the said Walter A. Garvine the said sum of One Hundred Forty-five Dollars ($145.00) paid by him on the 29th day of April, A. D. 1944 at the sale of said lots; NOW, THEREFORE,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That the Levy Court of New Castle County is hereby authorized, empowered and directed to refund to Walter A. Garvine the sum of One Hundred Forty-five Dollars ($145.00) which was erroneously paid for the purchase of Lots Nos. 5 and 6 in Section A, Claymont Addition, Brandywine Hundred, New Castle County, State of Delaware.

Section 2. That the said amount above mentioned and set forth in Section 1 of this Act shall be paid on the passage and approval of this Act.

Approved June 5, 1951.