§ 4985 — Discharge of liens upon execution sale; exceptions

Real estate sold by virtue of execution process shall be discharged from all liens thereon against the defendant, or against one or more of the defendants, if there is more than one, whose property such real estate is, except such liens as have been created by mortgage or mortgages prior to any general liens; and with respect to such, the sale shall be a discharge to the extent to which the proceeds thereof may be legally applicable to a judgment or judgments obtained for the debt, to secure the payment of which the mortgage or mortgages respectively, if there is more than one, appear to have been given, and the real estate shall also be discharged from all right of dower and curtesy therein of any defendant in the execution.

Legislative History

14 Del. Laws, c. 94, § 1 ; Code 1915, § 4373; 36 Del. Laws, c. 269, § 2 ; Code 1935, § 4831; 10 Del. C. 1953, § 4985