Delaware Code
Subchapter II. Partition Proceedings
§ 734. Sales upon credit; purchase money security; preference of mortgage.

The Court may, in its discretion, direct that sales made under this subchapter, be made upon credit, either as to the whole or a part of the purchase money, the payment of the purchase money to be at such time and to be secured in such manner as the Court in the order of sale prescribes, or in the order of confirmation directs. The Court may order and direct all such acts and proceedings touching the execution of a deed to the purchaser and the securing, collection and distribution of the purchase money, as it deems necessary. If the purchase money, or a part thereof, is secured by the mortgage of the purchaser and the mortgage is recorded within 30 days after the date of the mortgage, the mortgage shall have preference to any judgment against the purchaser or any other lien created or suffered by that purchaser, although such judgment or other lien be of a date prior to the mortgage.

Structure Delaware Code

Delaware Code

Title 25 - Property

Chapter 7. JOINT ESTATES AND PARTITION

Subchapter II. Partition Proceedings

§ 721. Petition for partition; persons entitled to apply.

§ 722. Service of summons.

§ 723. Unknown or uncertain parties in interest; description in petition; service by publication.

§ 724. Decree of partition; appointment and duties of commissioners.

§ 725. Appointment of a new commission.

§ 726. Final decree of partition.

§ 727. Proportionment of shares among issue claiming by stocks.

§ 728. Procedure upon petition by all interested parties.

§ 729. Appointment of trustee for public sale of premises; conveyance by trustee.

§ 730. Allotment of primary interests.

§ 731. Deed upon death of purchaser.

§ 732. Title upon sale; transfer of liens to proceeds.

§ 733. Investment or division of sale proceeds.

§ 734. Sales upon credit; purchase money security; preference of mortgage.

§ 735. Costs.

§ 736. Dower, curtesy or other estate in undivided shares of parties to partition proceedings.

§ 737. Procedure where dower, curtesy or life estate exists.

§ 738. Advancements; treatment upon partition.

§ 739. Assignment of dower without embracing residue.

§ 740. Election to take dower from proceeds of sale; investment or deposit of widow's share.

§ 741. Appointment of trustee for joint owner's widow with a mental disability.

§ 742. Appraisement of value of widow's dower; payment of widow's share and distribution of residue.

§ 743. Investment or deposit of share of persons holding curtesy interest or life estate; appraisement and payment upon petition.

§ 744. Curtesy; barred by wrongful conduct of husband.

§ 745. Real estate in more than 1 county; appointment of freeholders; effect of recording in another county.

§ 746. Partition of several tracts held by same joint owners; power of commissioners and Court.

§ 747. Partition of several tracts where some parties hold interest in all and other parties hold interest in part.

§ 748. Power of commissioners to make return of partition of part of lands; procedure.

§ 749. Certified copy of record as evidence.

§ 750. Limitation of appeals.

§ 751. Powers of Court of Chancery.