AN ACT in relation to sales of real estate under execution process.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That real estate sold by virtue of execution process shall be discharged from all liens thereon against the defendant, or that one or more of the defendants (if there be 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 be more than one) appear to have been given.
SECTION 2. And be it farther enacted, That 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 more than one) in the process referred to in the first section of this act, with condition other than for the payment of money for the payment of money as or in the nature of an annuity, or for the payment of interest to one or more persons during their lifetime and the principal at their death to some other person or persons, or otherwise, in all such cases such part of the aforesaid proceeds of sale as shall be legally applicable to any such lien be paid into the court out of which the said process issued and shall be invested by said 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.
Passed at Dover, March 29, 1871.