(a) The legal title to lands or to any tenements whereon entry can be made may be tried in a civil action, based upon a cause of action in ejectment. The action shall be begun by filing in the office of the Prothonotary of the county in which the lands or tenements lie a complaint setting forth the cause or causes of action of the plaintiff, a sufficient description of the lands and tenements claimed and such other facts as may be pertinent. If the premises for which the action is brought are actually occupied by any person such actual occupant shall be named defendant in the action, and all other persons claiming title or interest to or in the same may be joined as defendants. If the premises are not occupied the action shall be brought against some person exercising acts of ownership on the premises claimed or claiming title thereto or some interest therein at the commencement of the action. Upon the filing of such complaint a summons shall issue to the defendants named in the complaint and the same shall be served by the sheriff, together with a copy of the complaint, upon the defendant or defendants in the usual manner. The summons shall require the defendant therein to appear in the cause and to file an answer within 20 days after the service of the summons and complaint. The sheriff shall make return of his or her service as soon as the same can be done, irrespective of any term or terms of court.
(b) The answer or answers of the defendant or defendants shall set forth all of the defenses in law or fact and any defenses in law may be heard by the court at such time or in such manner as may be appropriate. (Code 1852, §§ 2601, 2602; Code 1915, §§ 4529, 4530; Code 1935, § 4984; 44 Del. Laws, c. 178, § 1; 10 Del. C. 1953, § 6702; 70 Del. Laws, c. 186, § 1.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 214, effective May 1, 2008.
DISCLAIMER: Please Note: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. This information is provided for informational purposes only. Please seek legal counsel for help on interpretation of individual statutes.