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Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 47. JUDGMENTS
Subchapter I. Lien of Judgments

(19 Del. Laws, c. 778, Sec. 3; 22 Del. Laws, c. 457, Sec. 3; 23 Del. Laws, c. 200, Sec. 3; Code 1915, Sec. 4295; Code 1935, Sec. 4767; 10 Del. C. 1953, Sec. 4713.) (4180)

In case the lien upon real estate of any judgment for the recovery of money entered or recorded in the Superior Court of this State is lost or interrupted under the provisions of this chapter, and the judgment is thereafter revived by scire facias, the same, when so revived, shall be a lien upon the real estate of the defendant or defendants in the original judgment, or in case of judgment upon a mechanic's lien, upon the real estate originally bound by such mechanic's lien, from the time of such revival, but such lien shall not relate back, nor shall it in any manner affect any prior bona fide purchaser or mortgagee from or judgment creditor of such defendant or defendants or terre tenant or terre tenants. (4181)

(19 Del. Laws, c. 778, Sec. 4; 22 Del. Laws, c. 457, Sec. 4; 23 Del. Laws, c. 200, Sec. 4; Code 1915, Sec. 4296; Code 1935, Sec. 4768; 10 Del. C. 1953, Sec. 4714.) (4182)

(a) In all cases where no agreement for the renewal and extension of the lien of judgments, as provided for in this subchapter, has been minuted and certified, the plaintiff or plaintiffs in such judgments or the assignee or assignees thereof or the person or persons to whose use such judgment has been or shall be marked, or his, her, or their executors or administrators, may cause a writ of scire facias to be issued against the defendant or defendants in such judgment and the terre tenant or terre tenants of the real estate bound by such lien or, in case of a judgment on a mechanic's lien, the terre tenant or terre tenants, directed to the sheriff of the county in which such writ issues, commanding the sheriff to make known to the defendant or defendants therein that the defendant or defendants appear before the Court and show cause, if any there be, why the lien of such judgment should not be renewed and continued and execution should not issue on such judgment. In all respects the practice, pleadings and procedure upon such scire facias shall conform as nearly as may be to the practice, pleadings and procedure on other writs of scire facias sued out of the courts upon judgments under existing law. (4183)

(b) If final judgment is rendered for the plaintiff or plaintiffs in such writ, it shall be that the lien of such original judgments stands renewed and continued for the term of 10 years next following the day of the entry of such judgment in the action of scire facias, and that the plaintiff or plaintiffs therein have execution thereon as in other cases during the term of 10 years. (4184)

(19 Del. Laws, c. 778, Sec. 5; 22 Del. Laws, c. 457, Sec. 5; 23 Del. Laws, c. 200, Sec. 5; Code 1915, Sec. 4297; Code 1935, Sec. 4769; 10 Del. C. 1953, Sec. 4715; 70 Del. Laws, c. 186, Sec. 1.) (4185)

(a) This subchapter shall not operate to defeat the due enforcement of any writ of execution under any judgment for the recovery of money entered or recorded in the Superior Court, by virtue of which real estate is seized or taken, if such writ of execution is issued before the expiration of the said term of 10 years. They shall not apply to any judgment upon a mortgage or mechanic's lien. (4186)

(b) No general lien which would have remained in force for more than 10 years under this section as it existed prior to June 23, 1955, shall be lost by virtue of Sec. 4711 of this title or subsection (a) of this section, if within one year from June 23, 1955, such lien shall be extended in accordance with this subchapter. (4187)

(19 Del. Laws, c. 778, Sec. 6; 22 Del. Laws, c. 457, Sec. 6; 23 Del. Laws, c. 200, Sec. 6; Code 1915, Sec. 4298; Code 1935, Sec. 4770; 10 Del. C. 1953, Sec. 4716; 50 Del. Laws, c. 319, Sec.Sec. 2, 3.) (4188)

A judgment, entered by the Prothonotary of the Superior Court upon an obligation, without complaint filed, according to Sec. 2306 of this title, shall have the same force and effect as if a complaint had been filed and judgment confessed by an attorney, or judgment obtained in open court. (4189)

(Code 1852, Sec. 2408; Code 1915, Sec. 4303; Code 1935, Sec. 4775; 10 Del. C. 1953, Sec. 4717.) (4190)

No judgment entered by virtue of a warrant of attorney in the Superior Court, upon any bond or obligation with condition other than for the payment of money, shall be or operate as a lien upon real estate until the bond or obligation and warrant of attorney, or a copy thereof, certified under the hand of the Prothonotary and the seal of the Court, is filed in the office of such Prothonotary. The Prothonotary, at all times thereafter, shall safely keep such bond or obligation and warrant of attorney, or certified copy thereof, in his or her office. The provisions of this section shall not apply to any official bond or obligation given by a public officer. (4191)

(19 Del. Laws, c. 778, Sec. 7; 22 Del. Laws, c. 457, Sec. 7; 23 Del. Laws, c. 200, Sec. 7; Code 1915, Sec. 4299; Code 1935, Sec. 4771; 10 Del. C. 1953, Sec. 4718; 70 Del. Laws, c. 186, Sec. 1.) (4192)

Courts and Judicial Procedure Procedure (4193)

Subchapter II. Entry of Judgments (4194)(Text)

Sec. 4731. Dating and indexing. (4195)(Text)

The true date of entering or signing every judgment, shall be entered on the docket thereof, as also the date of ascertaining the amount of a judgment given, the amount to be ascertained by the Prothonotary, or other person. (4196)

All judgments shall be indexed according to Sec. 2304 of this title. (4197)

(Code 1852, Sec. 2407; Code 1915, Sec. 4302; Code 1935, Sec. 4774; 10 Del. C. 1953, Sec. 4731.) (4198)

Sec. 4732. Attorney confessing judgment upon warrant of attorney. (4199)(Text)

When judgment is confessed by virtue of a warrant of attorney for a penalty, the attorney confessing the judgment shall, in a written direction to the officer entering the judgment, set down the real debt, and the time from which interest is to be calculated; which shall be entered by the officer upon the docket of the judgment. (4200)

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