FLEMMING v. THOMPSON


343 A.2d 599 (1975)

Glenn L. FLEMMING and Nylon Capitol Federal Credit Union, Petitioners below, Appellants, v. W. Howard THOMPSON, Respondent below, Appellee.

Supreme Court of Delaware.

Decided August 1, 1975.


Attorney(s) appearing for the Case

Randy J. Holland, Dunlap & Holland, P. A., Georgetown, for petitioners below, appellants.

H. Clay Davis, III, Georgetown, for respondent below, appellee.

Before HERRMANN, C. J., DUFFY, J., and QUILLEN, Chancellor.


DUFFY, Justice:

Relying on Doeber v. Thackston, Del. Super., 70 A.2d 263 (1949), the Superior Court determined that liens of execution on a mobile home secured pursuant to 10 Del.C. § 5081 take precedence over the prior-in-time rights of a bona fide purchaser for value of the home.

10 Del.C. § 5081 provides:

"An execution shall not bind goods and chattels until it is delivered to the...

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