AN ACT PROVIDING FOR THE SATISFACTION OF MORTGAGES AND JUDGMENTS WHERE THE MORTGAGEE OR OBLIGEE, OR THEIR EXECUTORS, ADMINISTRATORS OR ASSIGNS, REFUSE OR NEGLECT TO ENTER SUCH SATISFACTION WITHIN SIXTY DAYS AFTER SAID MORTAGES OR JUDGMENTS HAVE BEEN PAID.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That in all cases where mortgages or judgments are liens on real estate in this State and the same have been paid and the mortgagee or obligee or their executors, administrators or assigns shall refuse or neglect to enter satisfaction of such mortgage or judgment on the record thereof in the office where
the same is recorded or entered, within sixty days after the payment thereof, the mortgagor or obligor or their heirs or assigns may, upon sworn petition to the Superior Court of the County in which such mortgage or judgment is recorded or entered, setting forth the facts, obtain from such court a rule on the said mortgagee or obligee or their executors, administrators or assigns, returnable at such time as said Court may direct, requiring such mortgagee or obligee or their executors, administrators or assigns to appear on the day fixed by said Court and show cause, if any they have, why such mortgage or judgment shall not be marked satisfied on the record thereof. Such rule shall be served as is now provided by law for service of writs of Scire Facias. In case the mortgagee or obligee or their executors, administrators or assigns reside out of the State and cannot be served, the rule shall be continued and a copy thereof shall be published by the Sheriff in a newspaper of the County once each week for four successive weeks and upon proof of such advertisement by affidavit of the Sheriff made at the time to which
such rule was continued shall be deemed and considered sufficient service of such rule.
Section 2. That upon the return of said rule if the court shall be satisfied from the evidence produced that such mortgage or judgment, together with all interest and costs due thereon, has been satisfied and paid, said rule shall be made absolute and said court shall order and decree that said mortgage or judgment is paid and satisfied and Shall order and direct the Recorder of Deeds or the Prothonotary in whose office such mortgage or judgment is entered to enter on the record thereof full and complete satisfaction thereof.
Section 3. All costs of such proceedings and satisfaction shall be paid as the court shall direct.
Approved March 9, A. D. 1901.