Chapter 49

§ 4901 Real estate. Lands, tenements and hereditaments and all right of dower and curtesy therein when no sufficient personal estate can be found may be seized and sold upon judgment and execution obtained. Code 1852, §  2421; Code 1915, §  4320; 36 Del. Laws, c. 269, §  1 ; Code 1935, §  4792; 10 Del. C. 1953, §  4901; § 4902 Exempt property. (a) Every person residing within this State shall have exempt from execution or attachment process, or distress for rent, the following articles of personal property: The family Bible, school books and family library, family pictures, a seat or pew in any church or place of public worship, a lot in any burial ground, all the wearing apparel of the debtor and the debtor’s family. (b) In addition to the articles specifically named in subsection (a) of this section, each person residing in this State shall have exempt the tools, implements and fixtures necessary for carrying on his or her trade or business, not exceeding in value $75 in New Castle and Sussex Counties, and $50 in Kent County. (c) All sewing machines owned and used by seamstresses or private families, shall be exempt from levy and sale on execution or attachment process and also from distress and sale for rent. This provision shall not apply to persons who keep sewing machines for sale or hire. (d) All pianos, piano playing attachments and organs leased or hired by any person residing in this State, shall be exempt from levy and sale on execution or from distress for rent due by such person so leasing or hiring any such piano, piano playing attachment, or organ in addition to other goods and chattels exempt by law. The owner of any such piano, piano playing attachment or organ or such owner’s agent, or the person so leasing or hiring the same shall give notice to the landlord or the landlord’s agent that the instrument is hired or leased. 14 Del. Laws, c. 562, §  1 ; 16 Del. Laws, c. 146 ; 16 Del. Laws, c. 538 ; 22 Del. Laws, c. 459 ; 23 Del. Laws, c. 201 ; Code 1915, §  4321; Code 1935, §  4793; 10 Del. C. 1953, §  4902; 70 Del. Laws, c. 186, §  1 ; § 4903 Head of family exemption. Every person residing in this State, and being the head of a family, shall have exempt from execution or attachment process, in addition to the exemptions in § 4902 of this title, other personal property not exceeding $500, the articles to be selected by the debtor. The exemptions in this section shall not apply to goods or chattels of a merchantable character bought to be sold and trafficked in by the person in the prosecution of the person’s regular business or occupation. No person shall have exempt from execution or attachment process any personal property, excepting that which is expressly exempted by § 4902 of this title when such exemption would prevent the collection according to law of any debt or claim that may be due or growing due for labor or services (other than professional services) rendered by any clerk, mechanic, laborer, or other employee of any person or persons against whom such execution or attachment process may be issued. 14 Del. Laws, c. 562, §  2 ; 16 Del. Laws, c. 146, §§  2, 3 ; 19 Del. Laws, c. 779 ; Code 1915, §  4322; Code 1935, §  4794; 10 Del. C. 1953, §  4903; 65 Del. Laws, c. 35, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; § 4904 Claim of exemption by spouses. All exemptions of property from judgment lien, execution or forced sale allowed by law to the head of the family may be claimed by both spouses jointly, or by either with the written consent of the other, or half of the exemptions may be claimed by each spouse; but in no case shall both spouses be entitled each to all exemptions allowed by law to the head of a family. 33 Del. Laws, c. 238, §  1 ; Code 1935, §  4795; 10 Del. C. 1953, §  4904; 70 Del. Laws, c. 186, §  1 ; § 4905 Evaluation of exempt property; selection of freeholders. (a) The property exempt and required to be valued by the provisions of §§ 4902 and 4903 of this title shall be valued by 3 judicious and impartial freeholders. One of the freeholders shall be chosen by the creditor having the oldest execution in the hands of the officer holding the writ, 1 other of the freeholders shall be chosen by the debtor, and the other of the freeholders shall be chosen by the officer. (b) In case the creditor and debtor, or either of them, neglects or refuses to name a freeholder, the officer shall choose for the person neglecting or refusing, and shall give notice to the freeholders thus chosen, in writing, under his or her hand, fixing the time and place in the notice they will be required to meet. 14 Del. Laws, c. 562, §  3 ; Code 1915, §  4323; Code 1935, §  4796; 10 Del. C. 1953, §  4905; 70 Del. Laws, c. 186, §  1 ; § 4906 Procedure of freeholders. The freeholders shall, upon the receipt of the notice and the tender of the fee named in this subchapter for services in making the valuation, to meet at the time and place mentioned in the notice, and before proceeding to make the valuation of property exempt under §§ 4902 and 4903 of this title and requiring a valuation thereof, shall take the following oath or affirmation, to wit: ________________ “I do solemnly swear, or affirm, as the case may be, that I will appraise the property of A. B., exempt from execution or attachment process under and by virtue of the laws of this State, at its true value in money, and that I will true schedule make to the best of my knowledge and understanding.” ________________ They shall then proceed to value the property designated and set apart by the debtor, and to make 2 schedules, distinctly stating the respective articles and their value thereof, with a certificate certifying that the articles mentioned in the schedule have been appraised at their true value in money, and were designated and set apart by the debtor and claimed by the debtor as exempt from execution or attachment process. Such certificate shall be signed by the freeholders or a majority of them. The articles mentioned by name in § 4902 of this title shall not be valued or included in the schedule. 14 Del. Laws, c. 562, §  4 ; Code 1915, §  4324; Code 1935, §  4797; 10 Del. C. 1953, §  4906; 70 Del. Laws, c. 186, §  1 ; § 4907 Fees. The fees for the service of the freeholders, in making the valuation required by this chapter, shall be the same as are allowed by law to referees before justices of the peace, and the fees to the officer serving the notices shall be the same as are allowed by law for summoning referees before justices of the peace, and shall form a part of the costs of the case upon which the officer is proceeding to make the sale. 14 Del. Laws, c. 562, §  6 ; Code 1915, §  4326; Code 1935, §  4799; 10 Del. C. 1953, §  4907; § 4908 Authority to administer oaths. The officer making the sale, and serving the notices required, shall administer the oath required by this subchapter. 14 Del. Laws, c. 562, §  7 ; Code 1915, §  4327; Code 1935, §  4800; 10 Del. C. 1953, §  4908; § 4909 Neglect of duty by freeholders; penalty. Whoever, being a freeholder, neglects or refuses to perform the duties required by this subchapter, shall be fined not more than $5.00. 14 Del. Laws, c. 562, §  5 ; Code 1915, §  4325; Code 1935, §  4798; 10 Del. C. 1953, §  4909; § 4910 Taxation or sale for taxes. Nothing contained in this subchapter shall be construed as exempting any personal property from taxation, or sale for taxes, under the laws of this State. 14 Del. Laws, c. 562, §  8 ; Code 1915, §  4328; Code 1935, §  4801; 10 Del. C. 1953, §  4910; § 4911 Prohibition against levying upon goods in storage warehouse; violation and penalty. (a) No constable in the State shall levy upon or sell or offer to sell or to remove, by virtue of any writ or upon any claim or demand whatsoever, any goods and chattels when such goods and chattels have been placed in, and continue to be in, any storage warehouse. No such goods and chattels, so placed, shall hereafter be seized upon or sold, except by the sheriff of the county in which such goods and chattels are located, after such advertisement and under like conditions as are required by law in the case of goods and chattels seized and sold by the sheriff under execution process. (b) For purposes of this section, a “storage warehouse” is defined as any facility designed for the commercial storage of goods or a self-service storage facility consisting of real property designed and used for the purposes of renting and leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. 38 Del. Laws, c. 79, §§  1, 2 ; Code 1935, §  4802; 10 Del. C. 1953, §  4911; 79 Del. Laws, c. 281, §  1 ; 82 Del. Laws, c. 204, § 1 ; § 4912 Waiver of exemptions. Any husband and wife jointly may make any waiver of any of the provisions of §§ 4902-4911 of this title. 14 Del. Laws, c. 562, §  9 ; Code 1915, §  4330; Code 1935, §  4803; 10 Del. C. 1953, §  4912; 70 Del. Laws, c. 186, §  1 ; § 4913 Exemption and attachment of wages. (a) Eighty-five percent of the amount of the wages for labor or service of any person residing within the State shall be exempt from mesne attachment process and execution attachment process under the laws of this State; but such limitation shall be inapplicable to process issued for the collection of a fine or costs or taxes due and owing the State. (b) On any amount of wages due, only 1 attachment may be made. Any creditor causing such attachment to be made shall have the benefit of priority until the judgment with costs for which the attachment was made has been paid in full. (c) Wages shall include salaries, commissions and every other form of remuneration paid to an employee by an employer for labor or services, but shall not include payment made for services rendered by a person who is self-employed. Code 1915, §  4331A; 40 Del. Laws, c. 244 ; Code 1935, §  4804; 41 Del. Laws, c. 211 ; 48 Del. Laws, c. 263, §  1 ; 10 Del. C. 1953, §  4913; 49 Del. Laws, c. 237 ; 54 Del. Laws, c. 226 ; 57 Del. Laws, c. 508, §  3 ; 59 Del. Laws, c. 352, §  1 ; 60 Del. Laws, c. 618, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 4914 Exemptions in bankruptcy and insolvency. (a) In accordance with § 522(b) of the Bankruptcy Reform Act of 1978 (11 U.S.C. § 522(b)), in any bankruptcy proceeding, an individual debtor domiciled in Delaware is not authorized or entitled to elect the federal exemptions as set forth in § 522(d) of the Bankruptcy Reform Act of 1978 (11 U.S.C. § 522(d)) and may exempt only that property from the estate as set forth in subsection (b) of this section or otherwise authorized by Delaware state law. (b) In any federal bankruptcy or state insolvency proceeding, an individual debtor domiciled in Delaware shall be authorized to exempt from the bankruptcy or insolvency estate, in addition to the exemptions made in this subsection and in § 4915 of this title, personal property and/or equity in real property, other than the debtor’s principal residence having an aggregate fair market value of not more than $25,000. (c) In any federal bankruptcy or state insolvency proceeding, an individual debtor and/or such individual’s spouse domiciled in Delaware shall be authorized to exempt from the bankruptcy or insolvency estate, in addition to the exemptions made in subsection (b) of this section and in § 4915 of this title, the following: (1) Equity in real property or equity in a manufactured home (as defined in Chapter 70 of Title 25) which constitutes a debtor’s principal residence in an aggregate amount not to exceed $200,000. (2) A vehicle and/or tools of the trade necessary for purposes of employment in an amount not to exceed $25,000 each. (d) This section shall apply separately with respect to each debtor in a joint case but not to exceed $25,000 each in value in personal property and/or equity in real property, other than the debtor’s principal residence, a total not to exceed $200,000 in value in a principal residence in an individual or a joint case, and $25,000 each in subsection (c) of this section vehicle and $25,000 each in subsection (c) of this section tools of the trade. (e) A debtor may not exempt any amount of an interest in property described in paragraph (c)(1) of this section, if the Bankruptcy Court determines, after notice and hearing, that the debtor owes a debt arising from: (1) Any violation of the federal securities laws (as defined in § 3(a)(47) of the Securities and Exchange Act of 1934 [15 U.S.C. § 78c(a)(47)]), any state securities law, or any regulation or order issued under federal or state securities laws, (2) Fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under § 12 or § 15(d) of the Securities Exchange Act of 1934 [15 U.S.C. § 78l or § 78o(d)] or under § 6 of the Securities Act of 1933 [15 U.S.C. § 77f], or (3) Any criminal act, intentional tort, or wilful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years. 63 Del. Laws, c. 81, §  1 ; 71 Del. Laws, c. 37, §  1 ; 75 Del. Laws, c. 131, §§  1, 2 ; 76 Del. Laws, c. 342, §§  1, 2 ; 77 Del. Laws, c. 262, §§  1-3 ; 80 Del. Laws, c. 241, § 1 ; 84 Del. Laws, c. 329, § 1 ; § 4915 Exemption of retirement plans, life insurance contracts, and annuity contracts [For application of this section, see 80 Del. Laws, c. 153, § 5]. (a) In addition to the exemptions provided in §§ 4902 and 4903 of this title, there shall be exempt from execution or attachment process assets held or amounts payable under any retirement plan, life insurance contract or annuity contract. (b) Any amount qualifying as an “eligible rollover distribution” under § 402 of the Internal Revenue Code of 1986 [26 U.S.C. § 402], as amended, or as a “rollover contribution” under § 408 of the Internal Revenue Code of 1986 [26 U.S.C. § 408], as amended, is treated as an exempt amount under subsection (a) of this section for 60 days after the distribution of such amount. Such amount remains exempt from execution or attachment process if contributed to a retirement plan within 60 days of being distributed from a retirement plan. (c) Any retirement plan described in subsection (a) of this section shall not be exempt from any claims for relief granted pursuant to Chapter 5 and/or Chapter 15 of Title 13. (d) Any retirement plan described in subsection (a) of this section shall not be exempt from the claims of an alternate payee under a qualified domestic relations order. However, the interest of any and all alternate payees under a qualified domestic relations order shall be exempt from any and all claims of any creditor of the alternate payee. As used in this subsection, the terms “alternate payee” and “qualified domestic relations order” have the meaning ascribed to them in § 414(p) of the Internal Revenue Code of 1986 [26 U.S.C. § 414(p)], as amended. (e) A participant or beneficiary of a retirement plan is not prohibited from granting a valid and enforceable security interest in the participant’s or beneficiary’s interest under the retirement plan to secure a loan to the participant or beneficiary from the plan, and the right to assets held in or to receive payments from the plan is subject to execution and attachment for the satisfaction of the security interest or lien granted by the participant or beneficiary to secure the loan. (f) For purposes of this chapter, “retirement plan” means any plan, trust, account, agreement or other arrangement described in § 401, § 403, § 408, § 408A, § 409, § 414 or § 457 of the Internal Revenue Code of 1986 (26 U.S.C. § 401, § 403, § 408, § 408A, § 409, § 414 or § 457), as amended, including any such plan, trust, account, agreement or other arrangement that a decedent, upon or by reason of the decedent’s death, directly or indirectly transferred, conveyed, transmitted or otherwise left to, or for the benefit of, the owner or beneficiary by means of a will, trust, exercise of a power of appointment, beneficiary designation, transfer or payment on death designation, or any other method or procedure. The terms “life insurance contract” and “annuity contract” shall have the same meanings as under § 1035(b) of the Internal Revenue Code of 1986 (26 U.S.C. § 1035(b)), as amended. (g) This section shall not exempt from execution or attachment any judgment obtained under § 554 of Title 30. (h) If this section is held invalid or preempted by federal law, in whole or in part, it shall remain in effect to the maximum extent permitted by law. 71 Del. Laws, c. 37, §  2 ; 71 Del. Laws, c. 276, §  1 ; 78 Del. Laws, c. 117, §  1 ; 80 Del. Laws, c. 153, §  1 ; 81 Del. Laws, c. 320, § 1 ; § 4916 Exemption of qualified tuition programs and qualified ABLE programs. (a) In addition to the exemptions provided in §§ 4902 and 4903 of this title, there shall be exempt from execution or attachment process assets held in and proceeds payable under or from any account established under a Qualified Tuition Program under § 529 of the Internal Revenue Code of 1986 (26 U.S.C. § 529), as amended (a “Tuition Account”) and any account established under § 529A of the Internal Revenue Code of 1986 (26 U.S.C. § 529A) (an “ABLE Account”). This exemption shall only apply to such amount as does not exceed the total contributions permitted under § 529(b)(6) of the Internal Revenue Code of 1986 (26 U.S.C. § 529(b)(6)) with respect to any Tuition Account or under § 529A(b)(6) of the Internal Revenue Code of 1986 (26 U.S.C. § 529A(b)(6)) with respect to any ABLE Account. (b) This section shall not exempt from execution or attachment assets contributed by a debtor to any Tuition Account or ABLE Account within 365 days to the extent that such assets contributed within said 365 days exceed the greater of: (1) $5,000; or (2) The average annual contribution made by such debtor to such Tuition Account or ABLE Account for the 2 calendar years preceding the date of the filing of such execution or attachment or the filing of such petition. (c) This section shall not exempt from execution or attachment any judgment obtained under Chapter 5 of Title 13 or § 554 of Title 30. If any portion of this section is held invalid or is preempted by federal law, in whole or in part, the remaining portions shall remain in effect to the maximum extent permitted by law. (d) In the case of a Tuition Account or ABLE Account owned by a trust, nothing in this section may be construed to limit the protections afforded to trusts by § 3536 of Title 12. 73 Del. Laws, c. 169, §  1 ; 76 Del. Laws, c. 149, §  8 ; 80 Del. Laws, c. 34, §  2 ; 81 Del. Laws, c. 79, § 6 ; 81 Del. Laws, c. 320, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4931 Wages in New Castle County; limitation; notice of claim; other liens. (a) In New Castle County all debts or claims that may become due or growing due for labor or services rendered by any mechanic, laborer, clerk or other employee of any person or persons, chartered company or association employing laborers, clerks or mechanics in any manner whatsoever, shall be a first lien on all the real and personal property of such employer or employers, and shall be the first to be satisfied out of the proceeds of the sale of such property, whether made by an officer or an assignee of such employer or employers or otherwise. The debt or claim, so secured to the mechanic, laborer, clerk or other employee, shall not exceed a sum equal to the wages of such mechanic, laborer, clerk, or other employee for 1 month. In no event shall such debt or claim exceed the sum of $50, though the wages for 1 month may be a greater sum. Notice of such claim or debt shall be given to the sheriff, constable, assignee, or other person who shall make or conduct the sale of property subject to the lien or preference hereby provided for. (b) No lien of a judgment, recognizance, or mortgage shall operate to impair or postpone the lien or preference given and secured to debts or claims mentioned in subsection (a) of this section. 16 Del. Laws, c. 147, §§  1, 3 ; Code 1915, §§  4332, 4334; Code 1935, §§  4805, 4807; 10 Del. C. 1953, §  4931; 84 Del. Laws, c. 117, § 6 ; § 4932 Wage claims as lien on real estate. No claim or debt for work, labor, or clerk hire as prescribed in § 4931(a) of this title, shall be a lien upon any real estate unless a copy of such claim or debt is filed in the prothonotary’s office of the county in which such real estate is situated, within 1 month after it has become due and owing, or is growing due and owing. Any person presenting a copy of such claim or debt to be filed in the prothonotary’s office shall accompany it with an affidavit stating that such debt or claim is just and true. The fee to the prothonotary for such service shall be 50 cents. 16 Del. Laws, c. 147, §  2 ; Code 1915, §  4333; Code 1935, §  4806; 10 Del. C. 1953, §  4932; § 4933 False wage claim; penalty. Whoever makes an affidavit to any debt or claim mentioned in § 4931(a) of this title which is untrue, shall be fined $50. 16 Del. Laws, c. 147, §  5 ; Code 1915, §  4336; Code 1935, §  4809; 10 Del. C. 1953, §  4933; § 4934 Wage claims by minors. The parent, guardian, or next friend of any minors, who render such service as is mentioned in § 4931(a) of this title, may proceed under this chapter to secure the debt or claim arising from the service or labor rendered by such minor. 16 Del. Laws, c. 147, §  6 ; Code 1915, §  4337; Code 1935, §  4810; 10 Del. C. 1953, §  4934; § 4935 Employees of insolvent corporation. Employees of insolvent corporations shall have a lien for, and a preference in the payment of, wages due them from such corporation, not exceeding wages for 2 months, as provided in § 300 of Title 8. Code 1915, §  4338; Code 1935, §  4811; 10 Del. C. 1953, §  4935; § 4936 Medical and funeral expenses. Whenever any sheriff or constable, by virtue of any execution process, supersedes an executor or administrator, and sells the goods and chattels of any deceased person, on whose estate there have been letters testamentary or of administration granted, he or she shall, out of the proceeds of the sale, and before applying any part thereof towards satisfying any execution, pay, first, funeral expenses of the deceased; second, the reasonable bills for medicine and medical attendance during last sickness of the deceased, and for nursing and necessaries for the last sickness of the deceased. 15 Del. Laws, c. 186, §  1 ; Code 1915, §  4339; Code 1935, §  4812; 10 Del. C. 1953, §  4936; 70 Del. Laws, c. 186, §  1 ; § 4937 Payment of medical and funeral expenses by sheriff. In case there has been no administration or letters testamentary granted on the estate of the deceased, any sheriff or constable selling the deceased person’s goods by virtue of any execution process, shall, before applying any proceeds of the sale towards satisfying any execution, pay in the order in which they stand, the bills mentioned in § 4936 of this title. 15 Del. Laws, c. 186, §  2 ; Code 1915, §  4340; Code 1935, §  4813; 10 Del. C. 1953, §  4937; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4951 Issuance. A writ of venditioni exponas for the sale of any goods and chattels, lands and tenements, taken in execution by virtue of a writ of fieri facias, may be issued and directed either to the sheriff in office, or the sheriff’s immediate predecessor (he or she having seized and taken in execution such goods and chattels, lands and tenements) at the election of the plaintiff in the execution; and all proceedings had, by virtue thereof, shall be valid in law. Code 1852, §  2440; Code 1915, §  4356; Code 1935, §  4814; 10 Del. C. 1953, §  4951; 70 Del. Laws, c. 186, §  1 ; § 4952 Failure or neglect in execution; penalty. The person to whom such writ of venditioni exponas may be directed, shall, for neglect, or failure, in the execution thereof, or in making return thereon, be subject to all such rules of court, suits, fines, and other process and proceedings, except that the sheriff shall not be subject to suit or liable for damages. Code 1852, §  2441; Code 1915, §  4357; Code 1935, §  4815; 10 Del. C. 1953, §  4952; 82 Del. Laws, c. 204, § 2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4961 Procedure for public sale. By a writ of levari facias, the sheriff, or other officer, to whom the same is directed to be executed, may seize and sell, at public sale, unimproved lands, and lands yielding no yearly profit, with, or without a writ of venditioni exponas; subject to the same provisions respecting notice of sale, application of the proceeds thereof, the execution of a deed to the purchaser, the issuing of a liberari facias for the delivery of lands which cannot be sold, and the title under such sale, or delivery, as are contained in this chapter for the sale of lands under execution process in other cases. Code 1852, §  2442; Code 1915, §  4358; Code 1935, §  4816; 10 Del. C. 1953, §  4961; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4971 Time of sale of goods and chattels. Goods and chattels, taken in execution by a sheriff shall not be sold until the expiration of 30 days after the levy thereon and notice thereof to the defendant, unless the court, issuing the execution, shall, upon application of the plaintiff, or of the officer holding the execution, and on its being shown that the goods and chattels are of a perishable nature, or will create a charge by keeping, order the same to be sold sooner. Such order shall direct reasonable notice of the sale, according to the circumstances. Code 1852, §  2443; Code 1915, §  4359; Code 1935, §  4817; 10 Del. C. 1953, §  4971; 84 Del. Laws, c. 117, § 7 ; § 4972 Notice of public sale of goods and chattels. Public notice of the sale of goods and chattels by a sheriff under execution process, and of the day, hour, and place thereof, shall be given by advertisements posted, at least 10 days before the day of sale, in 5, or more, public and suitable places in the county, 2 of which, at least, shall be in the hundred of the defendant’s residence, if the defendant resides in the county. One such advertisement shall, 10 days at least before the day of sale, be delivered to the defendant, and 1 to each plaintiff in the execution, and also to each plaintiff in any other execution, or executions, at the time in the hands of the sheriff or shall be left at the usual place of abode of such defendant and plaintiffs respectively, if there be such place of abode within the county. If any plaintiff in any such execution resides out of the county, such advertisement shall be delivered to the attorney of such plaintiff, if there is an attorney of record, and 1 such advertisement shall be transmitted to such plaintiff by mail, being enclosed and addressed to the plaintiff at the post office nearest the plaintiff’s place of abode. Advertisement shall also, at least 10 days before the day of sale, be delivered to the defendant’s landlord, or the landlord’s agent, if there is such residing in the county. This section and § 4971 of this title do not apply to execution process issued by justices of the peace or the Court of Common Pleas. Code 1852, §  2444; Code 1915, §  4360; Code 1935, §  4818; 10 Del. C. 1953, §  4972; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 117, § 8 ; § 4973 Notice of public sale of real estate. (a) Public notice of the sale of lands and tenements under execution process, shall be given by advertisements posted, at least 10 days before the day of sale, in 10 of the most public places of the county where the premises are situated, setting forth the day, hour and place of sale, and what lands and tenements are to be sold, and where they lie. One of the advertisements shall be posted in the hundred in which the premises are located, and 1, at least, in each of the hundreds which immediately adjoin the hundred. A like advertisement shall be delivered at least 10 days before the day of sale to the defendant, or left at the defendant’s usual place of abode, if the defendant has a known place of abode in the county; if the defendant does not reside in the county, notice shall be served on the tenant, or if there is no tenant, shall be left at the mansion house or other public place on the premises. Section 4972 of this title respecting the delivery of an advertisement of the sale of goods and chattels under execution process, to each plaintiff in the execution, and also to each plaintiff in any other execution or executions, at the time in the hands of the sheriff, shall be in all respects applicable to the case of the sale of lands and tenements under execution process. Notice of such sale shall also be advertised for 2 weeks previous to the time of the sale in: (1) A newspaper of general circulation published in the county wherein the property is situated; and (2) A newspaper of general or limited circulation published nearest to the place where the property is situated. Both newspapers are to be selected by the sheriff. Not more than 3 insertions per week shall be made in any 1 newspaper. If there is only 1 newspaper published in the county at the time, the sheriff may select a newspaper in 1 of the other counties, and if there is no newspaper in the county the sheriff may select 2 in the other counties. The publishers of the newspapers shall not be paid for such advertising a higher rate than their ordinary charges for transient advertisements. (b) In advertisements of notice of sale of real estate in newspapers, by the sheriff of any county in this State, under execution process, it shall be sufficient if the property to be sold is described therein in such manner that it may be readily identified. It shall not be necessary to describe the property by metes and bounds, or courses and distances. Nor shall it be necessary in any case to follow the description of the property in the writ of execution under which it is sold. Code 1852, §§  2445-2447; 15 Del. Laws, c. 478 ; 16 Del. Laws, c. 143 ; 18 Del. Laws, c. 680 ; Code 1915, §  4361; Code 1935, §  4819; 10 Del. C. 1953, §  4973; 57 Del. Laws, c. 142 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 117, § 9 ; § 4974 Place for public sale of real estate. (a) As used in this section, “public building” and “public property” mean a building or property that is open to members of the public who wish to attend a sheriff’s sale. “Public building” or “public property” includes a building or property not owned by the government or a governmental entity. (b) All sales of real estate, made by a sheriff by virtue of execution process, shall be made at any 1 of the following locations: (1) On the premises to be sold. (2) At the courthouse for the county in which the premises are situated. (3) At the Sheriff’s Office or the building in which the Sheriff’s Office is located. (4) At any public building or outdoors on any public property located in the county where the premises are situated. (c) Unless otherwise directed by court order, the sheriff conducting a sale retains exclusive authority to determine the location and means for the sale of real property by virtue of execution as permitted by subsection (b) of this section. Code 1852, §  2448; 16 Del. Laws, c. 540 ; 17 Del. Laws, c. 622 ; Code 1915, §  4362; Code 1935, §  4820; 10 Del. C. 1953, §  4974; 58 Del. Laws, c. 11 ; 72 Del. Laws, c. 194, §  1 ; 73 Del. Laws, c. 437, §  1 ; 78 Del. Laws, c. 71, §  1 ; 83 Del. Laws, c. 174, § 1 ; § 4975 Officer conducting sale as barred from purchasing. A sheriff, constable, or other person making sale of goods and chattels by virtue of any process, or order, shall not either directly, or by the agency of another, purchase any of such goods or chattels. Any person offending against this section, shall forfeit and pay double the value of the goods, or chattels, so purchased, to be recovered as debts of like amount are recoverable, one half for the use of the State, and the other half for the use of the person suing. Code 1852, §  2449; Code 1915, §  4363; Code 1935, §  4821; 10 Del. C. 1953, §  4975; § 4976 Deed of sheriff’s sale. Upon confirmation by the court of any sale of lands and tenements, made by virtue of execution process, the sheriff, or officer making the sale, shall execute, acknowledge and deliver to the purchaser a good and sufficient deed for the premises so sold. Code 1852, §  2450; Code 1915, §  4364; Code 1935, §  4822; 10 Del. C. 1953, §  4976; § 4977 Grantee’s title. The grantee in any deed, executed under § 4976 of this title, shall hold the premises therein conveyed, with all their appurtenances, as fully and amply, and for such estate and estates, and under such rents and services, as the person or persons, for whose debt, or duty, the property is sold, might, or could, do at or before the taking thereof in execution. Code 1852, §  2451; Code 1915, §  4365; Code 1935, §  4823; 10 Del. C. 1953, §  4977; 70 Del. Laws, c. 186, §  1 ; § 4978 Rent; time of entitlement; apportionment; proceedings. (a) In any case of sale, the purchaser shall be entitled to rent for the premises sold from the day of sale. If such premises are in possession of a tenant under rent, such rent shall be apportioned, according to the time; the proportion for the time the rent has been growing due to the day of sale, being payable to the lessor or the lessor’s assigns, and the residue to the purchaser. Each party shall have remedy by distress, or action, for such party’s just proportion. (b) A purchaser may recover his or her proportion of rent, although such rent is reserved by deed (as well as rent from the day of sale, in case no rent has been reserved) by a civil action for use and occupation. (c) In any action, or proceeding, for such rent, any fair defense, which would have availed against the person as whose property the premises were sold, shall avail against the purchaser. If a rent reserved is not a fair rent for the premises, and the lease, or contract, is posterior to the order, or to the date of the judgment, in execution, or by virtue whereof the sale is made, the purchaser shall not be limited by the rent reserved, but may demand and recover a fair rent. If the crop is sold separately from the soil, the demand of the purchaser shall proportionally abate. Code 1852, §§  2452-2454; Code 1915, §  4366; Code 1935, §  4824; 10 Del. C. 1953, §  4978; 70 Del. Laws, c. 186, §  1 ; § 4979 Petition for deed. If a sale is made of lands and tenements by order of the Court of Chancery, or by virtue of an execution, and the officer making such sale, or the purchaser, is dead, or if such officer is out of office, and the purchase money is paid, without a deed being made pursuant to such sale, the purchaser, or other person having right under the purchaser by descent, devise, assignment, or otherwise, may prefer to the Superior Court, or Court of Chancery, at any term of such courts respectively, in the county wherein the premises are situate, a petition representing the facts, and praying for an order authorizing and requiring the sheriff, or if there is legal exception to the sheriff, a local law-enforcement officer for the time being, to execute and acknowledge a deed conveying to the petitioner the premises so sold, or a just proportion thereof. Thereupon the Court may make an order touching the conveyance of the premises according to justice and equity. Code 1852, §  2455; Code 1915, §  4367; Code 1935, §  4825; 10 Del. C. 1953, §  4979; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 117, § 10 ; § 4980 Deed executed after petition; effect on title. A deed, executed pursuant to an order made under § 4979 of this title, shall pass to the grantee therein all the title and estate to and in the premises therein conveyed, which, in pursuance of the sale, and of the execution, or order by virtue whereof such sale was made, can, or ought to be passed. If the person, to whom such deed is executed, is not entitled to the same, according to justice and equity, or if a greater estate is conveyed to the grantee than the grantee is justly entitled to, such deed, or order, shall not prejudice any person having right; but such deed may be decreed to be upon trust, or any person, having right, may be otherwise relieved according to equity and good conscience. Code 1852, §  2456; Code 1915, §  4368; Code 1935, §  4826; 10 Del. C. 1953, §  4980; 70 Del. Laws, c. 186, §  1 ; § 4981 Recordation of petition and order; evidentiary value. An order made upon a petition, being duly certified, the petition and order shall be recorded in the office of the recorder of deeds for the county wherein the premises are situate; and such record, or a certified copy thereof, shall be competent evidence of such petition and order. Code 1852, §  2457; Code 1915, §  4369; Code 1935, §  4827; 10 Del. C. 1953, §  4981; § 4982 Deed after execution by sheriff’s predecessor. A deed for lands and tenements, sold by virtue of a writ of venditioni exponas, directed to the predecessor of the sheriff at the time in office, such predecessor having seized and taken in execution such lands and tenements, shall be valid in law, without petition to, or order of, any court for making such deed. Code 1852, §  2458; Code 1915, §  4370; Code 1935, §  4828; 10 Del. C. 1953, §  4982; § 4983 Deed by sheriff after expiration of term. Whenever an execution for sale of lands and tenements shall be directed and delivered to a sheriff in office, whose term expires before the confirmation of the sale made under and by virtue of the execution, or whose term expires after confirmation of the sale, but before the execution and acknowledgment of the deed to be made in pursuance thereof, then and in either case the sheriff making the sale may as late sheriff make, execute and acknowledge a deed for the lands and tenements so sold to the purchaser thereof in pursuance of the confirmation, and the deed so made, executed and acknowledged by the sheriff as late sheriff shall be good and valid in law. Such deed shall be made, executed and acknowledged by the sheriff within 2 years from the date of the confirmation of the sale. 17 Del. Laws, c. 617, §  1 ; 19 Del. Laws, c. 247, §  1 ; Code 1915, §  4371; Code 1935, §  4829; 10 Del. C. 1953, §  4983; 70 Del. Laws, c. 186, §  1 ; § 4984 Deed by sheriff appointed to fill vacancy. Whenever an execution for sale of lands and tenements is directed and delivered to a sheriff in office who dies before the confirmation of the sale made under and by virtue of the execution, or who dies after confirmation of the sale but before the execution and acknowledgment of the deed to be made in pursuance thereof, then and in either case the sheriff appointed to fill the vacancy may make, execute and acknowledge a deed for the lands and tenements so sold to the purchaser thereof in pursuance of the confirmation, and the deed so made, executed and acknowledged by that sheriff shall be good and valid in law. 17 Del. Laws, c. 617, §  1 ; 19 Del. Laws, c. 247, §  1 ; 19 Del. Laws, c. 771, §  1 ; Code 1915, §  4372; Code 1935, §  4830; 10 Del. C. 1953, §  4984; 70 Del. Laws, c. 186, §  1 ; § 4985 Discharge of liens upon execution sale; exceptions. Real estate sold by virtue of execution process shall be discharged from all liens thereon against the defendant, or against one or more of the defendants, if there is more than one, whose property such real estate is, except such liens as have been created by mortgage or mortgages prior to any general liens; and with respect to such, the sale shall be a discharge to the extent to which the proceeds thereof may be legally applicable to a judgment or judgments obtained for the debt, to secure the payment of which the mortgage or mortgages respectively, if there is more than one, appear to have been given, and the real estate shall also be discharged from all right of dower and curtesy therein of any defendant in the execution. 14 Del. Laws, c. 94, §  1 ; Code 1915, §  4373; 36 Del. Laws, c. 269, §  2 ; Code 1935, §  4831; 10 Del. C. 1953, §  4985; § 4986 Payment into court of unclaimed proceeds from execution sale; disposition by court. Whenever the sheriff or any other officer cannot pay over the proceeds from sale under execution process because the person or persons entitled to the same or any part thereof is or are absent from the State, unknown or incompetent to receive the same or where there is any lien by mortgage, judgment or recognizance (not being the first) against the defendant, or some one or more of them, if there is more than 1, in the process referred to in § 4985 of this title, with condition other than for the payment of money, or for the payment of money as or in the nature of an annuity, or for the payment of interest to 1 or more persons during their lifetime and the principal at their death to some other person or persons, or otherwise, such proceeds from sale under execution process that cannot be paid over because the person or persons entitled to some or any part thereof is or are absent from the State, unknown or incompetent to receive the same, and such part of the proceeds of sale as shall be legally applicable to any such lien as set out above shall be paid into the court, out of which the process issued, and shall be invested by the court, or otherwise disposed of for the benefit of the parties interested, as shall be just and proper under the circumstances. Such payment into court shall discharge the officer selling the property from all liability for the money so paid. 14 Del. Laws, c. 94, §  2 ; 19 Del. Laws, c. 780 ; Code 1915, §  4374; Code 1935, §  4832; 10 Del. C. 1953, §  4986; 50 Del. Laws, c. 263, §  1 ; § 4987 Sheriff’s record of sale proceeds. The sheriff shall, in proper books, keep a record of the disposition of all moneys arising from the sale of property under execution process, when the same is applicable otherwise than to executions in the sheriff’s hands, as provided in § 2106 of this title. 16 Del. Laws, c. 144 ; Code 1915, §  4375; Code 1935, §  4833; 10 Del. C. 1953, §  4987; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 5001 Awarding of writ. If lands and tenements, exposed to sale by virtue of execution process, cannot be sold for want of buyers, the sheriff, or officer, shall make return upon the writ accordingly. Such return shall not make the officer liable for the debt or damages contained in the writ; but a writ of liberari facias shall be awarded and directed to the proper officer, commanding that officer to deliver to the plaintiff such part, or parts, of the premises as shall satisfy the plaintiff’s debt, or damages, with interest and costs, according to the valuation of 12 individuals, to hold to the plaintiff as the plaintiff’s free tenement, in satisfaction of the plaintiff’s debt, damages and costs, or so much thereof as the premises, by the valuation of 12 individuals will amount to. Code 1852, §  2459; Code 1915, §  4376; Code 1935, §  4834; 10 Del. C. 1953, §  5001; 70 Del. Laws, c. 186, §  1 ; § 5002 Execution for residue of debt. If lands delivered upon a liberari facias under § 5001 of this title fall short, according to the valuation, of satisfying the whole debt, damages and costs for which they are delivered, the plaintiff may have execution for the residue as in other cases. Code 1852, §  2460; Code 1915, §  4377; Code 1935, §  4835; 10 Del. C. 1953, §  5002; § 5003 Title under execution and return of writ. The execution and return of a writ of liberari facias shall, without deed, or other act, pass to the party to whom the lands are delivered, the same title and estate therein which is taken by a purchaser of lands sold under execution process, and conveyed by deed from the sheriff, or officer selling the same. Code 1852, §  2461; Code 1915, §  4378; Code 1935, §  4836; 10 Del. C. 1953, §  5003; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 5011 Awarding of writ. (a) If lands and tenements are sold by order of the Court of Chancery, or by virtue of execution process, and the defendant, or 1 or more defendants, or any person holding as tenant under such defendant, or defendants, by lease, or contract, posterior to such order, or to the date of the judgment whereon such execution was issued, is in possession of the premises sold; or if such defendant, or defendants, have died in possession of the premises sold within 1 year next preceding the day of sale, and the person in possession either has come into possession after such defendant, or defendants, and by means of his or her or their possession, or holds under, or through a person so coming into possession, the purchaser may have a writ of possession awarded, pursuant to such sale. (b) In the event of a judicial sale at law or equity under and by virtue of the foreclosure of any mortgage, or execution upon a mechanic’s lien, the purchaser at the judicial sale may have a writ of possession awarded against any person in possession of the real estate so sold, provided the rights of such person in possession arose posterior to the date of the mortgage, or the effective date of the mechanic’s lien. Code 1852, §  2462; 12 Del. Laws, c. 324, §  1 ; 13 Del. Laws, c. 463 ; Code 1915, §  4379; Code 1935, §  4837; 42 Del. Laws, c. 153 ; 10 Del. C. 1953, §  5011; 70 Del. Laws, c. 186, §  1 ; § 5012 Rule to show cause; requirement. The Court of Chancery, if the sale is by its order, or the court out of which the execution issued, if the sale is by virtue of an execution, upon application of the purchaser, and oath or affirmation by the purchaser, or some credible person for the purchaser, in writing, stating a proper case for the awarding of such writ, shall grant a rule upon the defendant, or defendants, owner or owners of the premises sold, and also upon the person in possession of the premises, if any person other than the defendant is in possession, to show cause, on a day in the rule specified, why a writ of possession shall not be awarded for putting the purchaser in possession of the premises. A writ of possession shall not be issued without such rule made absolute. Code 1852, §  2463; 12 Del. Laws, c. 324, §  2 ; 13 Del. Laws, c. 463 ; Code 1915, §  4380; Code 1935, §  4838; 10 Del. C. 1953, §  5012; 70 Del. Laws, c. 186, §  1 ; § 5013 Time of applying for writ. A rule for a writ of possession may be granted in the Superior Court at the term of the return of the sale or at any one of the next 3 succeeding terms thereafter, and in the Court of Chancery within 1 year from the return of the sale. Code 1852, §  2464; Code 1915, §  4381; 33 Del. Laws, c. 239 ; Code 1935, §  4839; 10 Del. C. 1953, §  5013; § 5014 Service of rule. The rule referred to in § 5013 of this title shall be served at least 2 days before the expiration thereof. If the sheriff or other person who is attempting to serve the rule is unable to serve the rule upon the defendant personally, service may be made in such manner as the court by order may direct or in such manner as may be prescribed by a rule of court. Code 1852, §  2465; Code 1915, §  4382; Code 1935, §  4840; 10 Del. C. 1953, §  5014; § 5015 Defendant as bona fide tenant. If the defendant is in possession bona fide as tenant under, or by possession of another, a writ of possession shall not be awarded. Code 1852, §  2466; Code 1915, §  4383; Code 1935, §  4841; 10 Del. C. 1953, §  5015; § 5016 Defendant as joint owner. If the defendant is owner of an undivided share, the writ of possession shall be restricted to such share; and any holder of another share, or such holder’s tenant, shall not be removed, or further disturbed than by putting the purchaser into peaceable possession of the undivided share of the defendant. Code 1852, §  2467; Code 1915, §  4384; Code 1935, §  4842; 10 Del. C. 1953, §  5016; 70 Del. Laws, c. 186, §  1 ; § 5017 Stay of execution of writ. On making the rule for a writ of possession absolute, the court may direct a reasonable stay of execution. If the person in possession is a tenant, execution shall be stayed until the usual expiration of the year of tenants, according to the custom of letting in the place, or neighborhood, wherein the premises are situate. Code 1852, §  2468; Code 1915, §  4385; Code 1935, §  4843; 10 Del. C. 1953, §  5017; § 5018 Form of writ. (a) A writ of possession may be according to the following form: County, ss. The State of Delaware, To the Sheriff of said County, greeting: * * * * * * * L. S. * * * * * * * out of our (here insert the style of the court) in the said County, returnable to term, 20, at the suit of plaintiff vs. defendant; and have this writ, with your doings thereon certified, at our said Court to be held at ., on day of next. Witness at the day of in the year of our Lord two thousand and Prothonotary. (b) If there is legal exception to the sheriff, the writ may be directed to a local law-enforcement officer. (c) If the sale is by order of the Court of Chancery, omit from the word “execution” to the word “defendant,” both inclusive, and instead thereof insert, “an order of our Court of Chancery, at in a certain cause between plaintiff and defendant.” The writ may be adapted to the case by any necessary variation in the form. Code 1852, §§  2469, 2470; Code 1915, §  4386; Code 1935, §  4844; 10 Del. C. 1953, §  5018; 84 Del. Laws, c. 117, § 11 ; § 5019 Effect of writ on title and on other remedies. Nothing contained in this subchapter shall deprive a purchaser of his or her remedy by a civil action in the nature of an action of ejectment, nor debar from such remedy a person removed from possession; and any proceedings under this subchapter, shall not be conclusive as to the title of either party. Code 1852, §  2471; Code 1915, §  4387; Code 1935, §  4845; 10 Del. C. 1953, §  5019; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 5031 Execution attachment. The plaintiff in any judgment in a court of record, or any person for such plaintiff lawfully authorized, may cause an attachment, as well as any other execution, to be issued thereon, containing an order for the summoning of garnishees, to be proceeded upon and returned as in cases of foreign attachment. The attachment, condemnation, or judgment thereon, shall be pleadable in bar by the garnishee in any action against the garnishee at the suit of the defendant in the attachment. Goods which are perishable, or will create a charge by keeping, may be sold on the order of a judge as in cases of foreign attachment. Code 1852, §  2472; Code 1915, §  4388; Code 1935, §  4846; 10 Del. C. 1953, §  5031; 70 Del. Laws, c. 186, §  1 ; § 5032 Answer by garnishee. The answer of a garnishee in any execution attachment, at the option of the plaintiff therein, may be taken by affidavit before any person legally authorized to administer oaths. When so taken and filed with the writ of attachment it shall be docketed in the same manner and have the same effect as if taken in open court. The garnishee’s mileage, in such cases, shall be counted from the garnishee’s residence to the office of the person taking the garnishee’s affidavit, and endorsed thereon. 16 Del. Laws, c. 539 ; Code 1915, §  4389; Code 1935, §  4847; 10 Del. C. 1953, §  5032; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 5041 Fieri facias; time of return. Every fieri facias shall be actually returned by the sheriff to whom it was delivered before the rising of the court, to which it is returnable, on the second day after the return day mentioned in the writ, with the sheriff’s certificate of what the sheriff has done thereon in usual and legal form. Code 1852, §  2473; Code 1915, §  4390; Code 1935, §  4848; 10 Del. C. 1953, §  5041; 70 Del. Laws, c. 186, §  1 ; § 5042 Inventory of unsold goods and chattels. Where the levy, or return, by virtue of a fieri facias has been of goods and chattels unsold at the return day, the sheriff shall annex to the writ an inventory of each article of such goods and chattels. Code 1852, §  2474; Code 1915, §  4391; Code 1935, §  4849; 10 Del. C. 1953, §  5042; 82 Del. Laws, c. 204, § 3 ; § 5043 Specification of lands seized or levied upon. If there has been a levy, or seizure, of lands, the sheriff’s return shall specify the principal improvements thereon; if any, as well as the known, or computed, quantity and situation thereof. Code 1852, §  2475; Code 1915, §  4392; Code 1935, §  4850; 10 Del. C. 1953, §  5043; § 5044 Specification of prior executions. (a) Where the levy, or seizure, is returned as made subject to prior execution, the sheriff or other officer shall, in the officer’s endorsed, or annexed return, set forth as well the names of the plaintiffs in such prior executions as have come to the officer’s hands, as the sums thereby to be levied. (b) When the sheriff or other officer, to whom an execution is directed, levies or receives the sum due thereon, or any part thereof, or obtains a settlement of the execution, such officer shall make return thereof, as provided by § 4755 of this title. (c) When such sheriff or other officer has sold real estate by virtue of execution process, such officer shall, in his or her return to such process, expressly show to what lien or liens the money arising from the sale has been applied, and how much has been applied to each lien, as provided by § 4756 of this title. Code 1852, §  2476; Code 1915, §  4393; Code 1935, §  4851; 10 Del. C. 1953, §  5044; 70 Del. Laws, c. 186, §  1 ; § 5045 Sheriff’s neglect in making return [Repealed]. Code 1852, §  2477; Code 1915, §  4394; Code 1935, §  4852; 10 Del. C. 1953, §  5045; 70 Del. Laws, c. 186, §  1 ; repealed by 82 Del. Laws, c. 204, § 4, effective Aug. 20, 2019. ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 5051 Issuance of writ. (a) No writ of capias ad satisfaciendum shall be issued upon any judgment in a civil action against any person in this State, until a writ of fieri facias on the judgment has issued, and it appears from the return of such fieri facias, that the defendant therein has not either real,