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Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 49. EXECUTIONS
Subchapter XIII. Lien of Execution

(Code 1852, Sec.Sec. 2492, 2493; 12 Del. Laws, c. 207; Code 1915, Sec. 4410; Code 1935, Sec. 4868; 10 Del. C. 1953, Sec. 5081.) (4972)

If several executions against the same defendant are delivered on the same day, the first delivered shall have priority. If several executions against the same defendant are delivered together, they shall have priority according to their respective numbers. (4973)

(Code 1852, Sec. 2494; Code 1915, Sec. 4411; Code 1935, Sec. 4869; 10 Del. C. 1953, Sec. 5082.) (4974)

The Prothonotary, issuing an execution, shall endorse thereon the date of its issue. (4975)

(Code 1852, Sec. 2495; Code 1915, Sec. 4412; Code 1935, Sec. 4870; 10 Del. C. 1953, Sec. 5083.) (4976)

The sheriff, or other officer, receiving an execution, shall, in a docket, set down the date of receiving it; and when several executions are delivered on the same day, the docket shall show the order in which they are received. Such officer shall also endorse upon an execution, immediately on receiving it, the precise time of its delivery to him or her. (4977)

(Code 1852, Sec. 2496; Code 1915, Sec. 4413; Code 1935, Sec. 4871; 10 Del. C. 1953, Sec. 5084; 70 Del. Laws, c. 186, Sec. 1.) (4978)

The provisions of this subchapter shall not apply to executions issued by the Court of Common Pleas or justices of the peace. (4979)

(Code 1852, Sec. 2497; Code 1915, Sec. 4414; Code 1935, Sec. 4872; 10 Del. C. 1953, Sec. 5085.) (4980)

Courts and Judicial Procedure Procedure (4981)

Subchapter XIV. Miscellaneous Provisions (4982)(Text)

Sec. 5091. Execution on judgment for penalty. (4983)(Text)

When an execution is issued upon a judgment for a penalty, the officer issuing it shall endorse thereon the real debt and the time from which interest is to be calculated. (4984)

(Code 1852, Sec. 2498; Code 1915, Sec. 4415; Code 1935, Sec. 4873; 10 Del. C. 1953, Sec. 5091.) (4985)

Sec. 5092. Death or escape of party arrested or imprisoned. (4986)(Text)

If a person arrested, or imprisoned, by virtue of an execution, dies in execution, or escape, in either case the arrest, or imprisonment, shall be no satisfaction of the judgment, on which the execution is issued; and the execution shall be held to be in no part executed by such arrest, or imprisonment. (4987)

(Code 1852, Sec. 2499; Code 1915, Sec. 4416; Code 1935, Sec. 4874; 10 Del. C. 1953, Sec. 5092.) (4988)

Sec. 5093. Liability of officer for escape; action against officer. (4989)(Text)

If a person arrested, or imprisoned, by virtue of an execution, be suffered to escape, the sheriff, constable, or other officer having the custody of such person at the time of the person's escape, shall be answerable for the full amount payable according to the execution. The person at whose suit the execution was issued, or for whose use it is endorsed, or such person's executors, or administrators, shall have a civil action therefor, against such sheriff, constable, or other officer, or such officer's executors, or administrators. The nonpayment of the amount shall be a breach of the condition of the official recognizance, or obligation, of such sheriff, constable, or officer. (4990)

(Code 1852, Sec. 2500; Code 1915, Sec. 4417; Code 1935, Sec. 4875; 10 Del. C. 1953, Sec. 5093; 70 Del. Laws, c. 186, Sec. 1.) (4991)

Sec. 5094. Restitution on reversal of judgment after sale of real estate. (4992)(Text)

If, after the sale of real estate upon execution process, the judgment upon which such writ is awarded shall be reversed for error, the real estate, so sold, shall not be restored, nor any part thereof, nor shall the sale thereof be avoided; but in such case, restitution only of the money for which such lands may be sold, shall be made. (4993)

(Code 1852, Sec. 2501; Code 1915, Sec. 4418; Code 1935, Sec. 4876; 10 Del. C. 1953, Sec. 5094.) (4994)

Sec. 5095. Mistaken identity of judgment debtor. (4995)(Text)

Where a judgment is entered upon the wrong person by any court by reason of mistaken identity, that person shall at any time after the entry be permitted to petition the court that entered the judgment to challenge the validity of the judgment entered against him. If the court determines that a judgment against such person was erroneously entered, the court shall issue an order correcting the error in whatever manner it deems appropriate to correct the mistake, including the release of any liens against real estate and personal property. (4996)

(72 Del. Laws, c. 78, Sec. 1.) (4997)

When an execution is issued upon a judgment for a penalty, the officer issuing it shall endorse thereon the real debt and the time from which interest is to be calculated. (4998)

(Code 1852, Sec. 2498; Code 1915, Sec. 4415; Code 1935, Sec. 4873; 10 Del. C. 1953, Sec. 5091.) (4999)

If a person arrested, or imprisoned, by virtue of an execution, dies in execution, or escape, in either case the arrest, or imprisonment, shall be no satisfaction of the judgment, on which the execution is issued; and the execution shall be held to be in no part executed by such arrest, or imprisonment. (5000)

(Code 1852, Sec. 2499; Code 1915, Sec. 4416; Code 1935, Sec. 4874; 10 Del. C. 1953, Sec. 5092.) (5001)

If a person arrested, or imprisoned, by virtue of an execution, be suffered to escape, the sheriff, constable, or other officer having the custody of such person at the time of the person's escape, shall be answerable for the full amount payable according to the execution. The person at whose suit the execution was issued, or for whose use it is endorsed, or such person's executors, or administrators, shall have a civil action therefor, against such sheriff, constable, or other officer, or such officer's executors, or administrators. The nonpayment of the amount shall be a breach of the condition of the official recognizance, or obligation, of such sheriff, constable, or officer. (5002)

(Code 1852, Sec. 2500; Code 1915, Sec. 4417; Code 1935, Sec. 4875; 10 Del. C. 1953, Sec. 5093; 70 Del. Laws, c. 186, Sec. 1.) (5003)

If, after the sale of real estate upon execution process, the judgment upon which such writ is awarded shall be reversed for error, the real estate, so sold, shall not be restored, nor any part thereof, nor shall the sale thereof be avoided; but in such case, restitution only of the money for which such lands may be sold, shall be made. (5004)

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