AN ACT to amend Chapter 133 of the Revised Code of Delaware (1915) entitled Executions.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 133 of the Revised Code of Delaware (1915) be and the same is hereby amended by striking out 4320, Section 1 thereof, and inserting in lieu thereof the following:
"4320. Section 1. Real Estate, When: Lands, tenements and hereditaments and all right of dower and courtesy therein when no sufficient personal estate can be found may be seized and sold upon judgment and execution obtained."
Section 2. That Chapter 133 of the Revised Code of Delaware (1915) be and the same is hereby further amended by striking out all of 4373, Section 54 thereof, and inserting in lieu thereof the following:
"4373. Section 54. Discharge of Liens Upon Execution Sale; Exceptions with Respect to Mortgages; to what Extent Discharged: Real Estate sold by virtue of execution process shall be discharged from all liens thereon against the defendant, or against 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, and said real estate shall also be discharged from all right of dower and courtesy therein of any defendant in said execution.
Approved April 11, 1929.