Courts and Judicial Procedure


CHAPTER 49. Executions

Subchapter VI. Liberari Facias

§ 5001. Awarding of writ.

If lands and tenements, exposed to sale by virtue of execution process, cannot be sold for want of buyers, the sheriff, or officer, shall make return upon the writ accordingly. Such return shall not make the officer liable for the debt or damages contained in the writ; but a writ of liberari facias shall be awarded and directed to the proper officer, commanding that officer to deliver to the plaintiff such part, or parts, of the premises as shall satisfy the plaintiff’s debt, or damages, with interest and costs, according to the valuation of 12 individuals, to hold to the plaintiff as the plaintiff’s free tenement, in satisfaction of the plaintiff’s debt, damages and costs, or so much thereof as the premises, by the valuation of 12 individuals will amount to.

Code 1852, §  2459;  Code 1915, §  4376;  Code 1935, §  4834;  10 Del. C. 1953, §  5001;  70 Del. Laws, c. 186, §  1

§ 5002. Execution for residue of debt.

If lands delivered upon a liberari facias under § 5001 of this title fall short, according to the valuation, of satisfying the whole debt, damages and costs for which they are delivered, the plaintiff may have execution for the residue as in other cases.

Code 1852, §  2460;  Code 1915, §  4377;  Code 1935, §  4835;  10 Del. C. 1953, §  5002; 

§ 5003. Title under execution and return of writ.

The execution and return of a writ of liberari facias shall, without deed, or other act, pass to the party to whom the lands are delivered, the same title and estate therein which is taken by a purchaser of lands sold under execution process, and conveyed by deed from the sheriff, or officer selling the same.

Code 1852, §  2461;  Code 1915, §  4378;  Code 1935, §  4836;  10 Del. C. 1953, §  5003;