Courts and Judicial Procedure



Subchapter IX. Return of Execution

Every fieri facias shall be actually returned by the sheriff to whom it was delivered before the rising of the court, to which it is returnable, on the second day after the return day mentioned in the writ, with the sheriff's certificate of what the sheriff has done thereon in usual and legal form.

Code 1852, § 2473; Code 1915, § 4390; Code 1935, § 4848; 10 Del. C. 1953, § 5041; 70 Del. Laws, c. 186, § 1.;

Where the levy, or seizure, by virtue of a fieri facias has been of goods and chattels unsold at the return day, the sheriff shall annex to the writ an inventory of each article of such goods and chattels, with an appraisement of the same, duly made and certified, so that their value may be judged.

Code 1852, § 2474; Code 1915, § 4391; Code 1935, § 4849; 10 Del. C. 1953, § 5042.;

If there has been a levy, or seizure, of lands, the sheriff's return shall specify the principal improvements thereon; if any, as well as the known, or computed, quantity and situation thereof.

Code 1852, § 2475; Code 1915, § 4392; Code 1935, § 4850; 10 Del. C. 1953, § 5043.;

(a) Where the levy, or seizure, is returned as made subject to prior execution, the sheriff or other officer shall, in the officer's endorsed, or annexed return, set forth as well the names of the plaintiffs in such prior executions as have come to the officer's hands, as the sums thereby to be levied.

(b) When the sheriff or other officer, to whom an execution is directed, levies or receives the sum due thereon, or any part thereof, or obtains a settlement of the execution, such officer shall make return thereof, as provided by § 4755 of this title.

(c) When such sheriff or other officer has sold real estate by virtue of execution process, such officer shall, in his or her return to such process, expressly show to what lien or liens the money arising from the sale has been applied, and how much has been applied to each lien, as provided by § 4756 of this title.

Code 1852, § 2476; Code 1915, § 4393; Code 1935, § 4851; 10 Del. C. 1953, § 5044; 70 Del. Laws, c. 186, § 1.;

If any sheriff neglects to make a return of any writ of fieri facias to him or her directed, in due form and within the time limited in this subchapter, such sheriff shall answer for the debt, damages and costs in the fieri facias mentioned, in the same manner as if he or she had returned thereon, levied to the value of the sum or sums of money therein mentioned, and may be proceeded against accordingly.

Code 1852, § 2477; Code 1915, § 4394; Code 1935, § 4852; 10 Del. C. 1953, § 5045; 70 Del. Laws, c. 186, § 1.;