§ 5019. Effect of writ on title and on other remedies.
§ 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 […]
§ 5013. Time of applying for writ.
§ 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 […]
§ 5014. Service of rule.
§ 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 […]
§ 5015. Defendant as bona fide tenant.
§ 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.
§ 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 […]
§ 5017. Stay of execution of writ.
§ 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 […]
§ 5018. Form of writ.
§ 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: * * * * * * We command you, that without delay you cause ________________________________________________________________ to have peaceable possession of (here insert description of […]
§ 5011. Awarding of writ.
§ 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 […]
§ 5012. Rule to show cause; requirement.
§ 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, […]