WOMACH v. THOMAS


486 A.2d 15 (1984)

Thomas Eugene WOMACH and Button-wood Corporation, a Delaware corporation, Plaintiffs, v. Everett E. THOMAS and John Paul Thomas, Defendants.

Court of Chancery of Delaware, Sussex County.

Decided: November 30, 1984.


Attorney(s) appearing for the Case

Stephen P. Ellis, Tunnell & Raysor, Georgetown, for plaintiffs.

Patrick Scanlon and Robert J. Taylor, Barros, McNamara & Scanlon, Dover, for trustee in bankruptcy for defendants.

E. Stephen Callaway, Georgetown, for defendants.


HARTNETT, Vice Chancellor.

The issue presented is whether the title to growing crops passes with the title to the land upon a mortgage foreclosure sale. I hold that it does. The plaintiffs are the mortgagees in the mortgage and the purchasers of the real estate at the foreclosure sale. The plaintiffs claim that title to the unsevered crops passed to them as the purchasers of the land. The defendants — the mortgagors...

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