LegalFix
Sign In

§ 5018 Form of writ.

10 DE Code § 5018 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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:

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 the coroner.

(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.

Previous Section
§ 5017 Stay of execution of writ.
Next Section
§ 5019 Effect of writ on title and on other remedies.