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SHIPLEY v. NEW CASTLE COUNTY

No. 568, 2008.

975 A.2d 764 (2009)

John SHIPLEY and Rochelle D. Shipley, Defendants Below-Appellant, v. NEW CASTLE COUNTY, a municipal corporation of the State of Delaware, Plaintiff Below-Appellee.

Supreme Court of Delaware.

Decided: June 15, 2009.

Attorney(s) appearing for the Case

John R. Weaver, Jr., Esquire of Wilmington, DE, for appellants.

Harshal Purohit-Patel, Esquire, of New Castle County Law Department, New Castle, DE, for appellee New Castle County.

Brian T. Murray, Esquire of Newark, DE, for Carello Development, LLC.

Before STEELE, Chief Justice, BERGER and RIDGELY, Justices.

RIDGELY, Justice:

Defendants-Appellants John Shipley and Rochelle D. Shipley appeal the Superior Court's denial of their motion to set aside a sheriff's sale of real estate pursuant to Superior Court Civil Rule 60(b). The Shipleys raise three arguments on appeal. First, they argue that the court erred as a matter of law because the Sheriff's sale bill improperly described the property to be sold. Second, they argue that the court erred as a matter of fact in finding...

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