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Home » US Law » 2022 Delaware Code » Title 25 - Property » Part II » Mortgages and Other Liens » Chapter 27. Mechanics’ Liens » Subchapter II. Enforcement in Superior Court » § 2728. Judgment on attachment; sale and distribution; suit for deficiency; return of surplus; title under sale.
§ 2728. Judgment on attachment; sale and distribution; suit for deficiency; return of surplus; title under sale.

If the attachment has not been dissolved, as provided in this subchapter, judgment may be given for the plaintiff in the attachment at the second term after issuing the writ as in other cases of attachment, and thereupon the Court may order that the sheriff shall sell the property attached, on due notice, and pay the proceeds, deducting legal costs and charges, to auditors for distribution. Any balance remaining due from the defendant in the attachment to any of the parties after such distribution of the proceeds may be collected as other debts, and any surplus after paying costs shall be returned to the defendant or the defendant’s executors, administrators or assigns. All sales made under this subchapter shall be good against the defendant, the defendant’s executors, administrators or assigns.

16 Del. Laws, c. 145, § 7;  Code 1915, § 2849;  Code 1935, § 3330;  25 Del. C. 1953, § 2728;  70 Del. Laws, c. 186, § 1;