§ 5012 — Rule to show cause; requirement

The Court of Chancery, if the sale is by its order, or the court out of which the execution issued, if the sale is by virtue of an execution, upon application of the purchaser, and oath or affirmation by the purchaser, or some credible person for the purchaser, in writing, stating a proper case for the awarding of such writ, shall grant a rule upon the defendant, or defendants, owner or owners of the premises sold, and also upon the person in possession of the premises, if any person other than the defendant is in possession, to show cause, on a day in the rule specified, why a writ of possession shall not be awarded for putting the purchaser in possession of the premises. A writ of possession shall not be issued without such rule made absolute.

Legislative History

Code 1852, § 2463; 12 Del. Laws, c. 324, § 2 ; 13 Del. Laws, c. 463 ; Code 1915, § 4380; Code 1935, § 4838; 10 Del. C. 1953, § 5012; 70 Del. Laws, c. 186, § 1