§ 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.

Legislative History

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