CHAPTER 351
TITLES TO REAL PROPERTY
RELATING TO TITLE OF MICHAEL PRICIK AND EVA PRICIK,
HIS WIFE, TO CERTAIN LANDS
AN ACT FOR THE RELIEF OF MICHAEL PRICIK AND EVA PRICIK, HIS WIFE, IN CONNECTION WITH THE TITLE TO CERTAIN LAND IN NEW CASTLE COUNTY.
WHEREAS, Michael Pricik and Eva Pricik, his wife, did by a certain Deed, dated May first A. D. 1923, purchase from Alex Pohlut and Mary Pohlut, his wife, two certain lots, pieces or parcels of land, with the buildings thereon erected, situate in the City of Wilmington, New Castle County and State of Delaware, the Deed of conveyance containing a full and accurate description of each of said lots; and
WHEREAS, Lot No. 1--is described as having for a place of beginning, a point on the easterly side of Claymont Street, 125 feet Northerly from the Northerly side of "B" Street; thence Easterly 95 feet to a corner; thence Northerly parallel with Claymont Street, 25 feet to another corner; thence Westerly parallel with "B" Street, 95 feet to the Easterly side of Claymont Street; and thence Southerly 25 feet to the place of beginning; and
WHEREAS, Lot No. 2 has for a place of beginning a point on the Westerly side of Bradford Street, 125 feet Northerly from the Northerly side of "B" Street; thence Westerly 75 feet to a corner; thence Northerly 25 feet to a corner; thence Easterly 75 feet to the Westerly side of Bradford Street; and thence Southerly 25 feet to the place of beginning; and
WHEREAS, said lots of land as described above are adjacent and abut each other and form a contiguous lot of land on Claymont Street and Bradford Street (also known as Railroad Avenue), which streets run parallel to each other; and
WHEREAS, the said Michael Pricik and Eva Pricik, his wife, did cause to be deposited with the Recorder of Deeds in and for New Castle County, Delaware, the Deed granting and conveying unto them all of the said lots, pieces or parcels of land with the buildings thereon erected., and
WHEREAS, the Recorder of Deeds as required by law did within the time set forth in the law governing said cases, prepare and deliver to the Board of Assessment of New Castle County, full and complete separate descriptions of Lots Nos. 1 and 2, which said descriptions did also contain the names of both the grantors, and the grantees, for assessment and tax purposes; and
WHEREAS, the said descriptions as delivered by the Recorder of Deeds in and for New Castle County, Delaware, to the Board of Assessment, are now and have been in the care and custody of the Office of the Board of Assessment for New Castle County and have never been changed or altered in any way, and do contain a full and complete description of Lot No. 1 and also of Lot No. 2; and
WHEREAS, by error, mistake or carelessness of either the members of said Board of Assessment or of some clerk employed by said Board of Assessment, there was a failure to record the description and the names of the grantors and of the grantees mentioned in the Deed hereinbefore described as Lot No. 2, leaving the title for tax purposes in the name of the Grantors and not in the name of the Grantees in said Deed, thereby permitting and allowing the taxes to accumulate from year to year against the Grantors; and
WHEREAS, the Receiver of Taxes and County Treasurer of New Castle County did place the collection of said Taxes in the hands of his then attorney, and a Monition was filed, correctly describing said Lot No. 2 and a writ of Venditione Exponas was issued and a sale had for the taxes alleged to be due against the said Alex Pohlut and Mary Pohlut, his wife, the Grantors, and that no notice, writ or other paper was ever served upon the said Michael Pricik or upon his wife Eva Pricik, the Grantees and owners of said property; and
WHEREAS, immediately upon learning that said Lot No. 2 had been sold, an appeal was made to the Levy Court of New Castle County, said Levy Court being unable under existing law,
to grant relief to the Grantees in this matter; 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 Commissioners of New Castle County, be and they are hereby authorized and directed, to have the Board of Assessment of New Castle County assess said Lot No. 2 in the names of Michael Pricik and Eva Pricik for tax purposes, they being the legal owners of said lot, that the Levy Court of New Castle County, purchaser of the said lot at the public tax sale direct the Sheriff of New Castle County to execute a Deed for said Lot No. 2 to Michael Pricik and Eva Pricik, his wife, and to do and cause to be done by the Board of Assessment, Receiver of Taxes of New Castle County, and its attorney, any and all other acts that are necessary to restore to said Michael Pricik and Eva Pricik, his wife, the same title that they held prior to said sale free and clear of all costs of advertisement, judgment and sale all caused by said error, mistake or act of carelessness by the officials of New Castle County.