Del. Code tit. 10 § 5018

Current through 2024 Legislative Session Act Chapter 531

Section 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

* L. S. * (here insert description of the premises) which were

* * lately sold by virtue of a writ of execution issued

* * * *

out of our (here insert the style of the court) in the said County,

returnable to.......... . term, 19... ., 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 one thousand nine hundred 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.

10 Del. C. § 5018

Amended by Laws 2023, ch. 117,s 11, eff. 7/25/2023.

Code 1852, §§ 2469, 2470; Code 1915, § 4386; Code 1935, § 4844; 10 Del. C. 1953, § 5018.;