If there is any surplus of the sale, after paying all the debts, it shall belong to the person to whom the premises sold belonged at the time of the sale, who shall have the same proportion, quantity and manner of interest in the surplus, as the person had in the premises sold; and an executor or administrator shall not detain the surplus, or any part of it, on account of any mortgage, obligation or recognizance entered into or executed by the decedent with other condition than for the absolute payment of money or interest and which was a lien on the premises sold.

Code 1852, § ?1898; Code 1915, § ?3428; Code 1935, § ?3888; 12 Del. C. 1953, § ?2716; 59 Del. Laws, c. 384, § ?1; 70 Del Laws, c. 186,, § ?1;