§ 5011 — Awarding of writ

(a) If lands and tenements are sold by order of the Court of Chancery, or by virtue of execution process, and the defendant, or 1 or more defendants, or any person holding as tenant under such defendant, or defendants, by lease, or contract, posterior to such order, or to the date of the judgment whereon such execution was issued, is in possession of the premises sold; or if such defendant, or defendants, have died in possession of the premises sold within 1 year next preceding the day of sale, and the person in possession either has come into possession after such defendant, or defendants, and by means of his or her or their possession, or holds under, or through a person so coming into possession, the purchaser may have a writ of possession awarded, pursuant to such sale.

(b) In the event of a judicial sale at law or equity under and by virtue of the foreclosure of any mortgage, or execution upon a mechanic’s lien, the purchaser at the judicial sale may have a writ of possession awarded against any person in possession of the real estate so sold, provided the rights of such person in possession arose posterior to the date of the mortgage, or the effective date of the mechanic’s lien.

Legislative History

Code 1852, § 2462; 12 Del. Laws, c. 324, § 1 ; 13 Del. Laws, c. 463 ; Code 1915, § 4379; Code 1935, § 4837; 42 Del. Laws, c. 153 ; 10 Del. C. 1953, § 5011; 70 Del. Laws, c. 186, § 1