Delaware § 5018 Form of writ

Delaware Statutes

§ 5018 — Form of writ

Delaware·Title 10·Part Procedure·Ch. 49 EXECUTIONS·Subch. Writ of Possession

(a)A writ of possession may be according to the following form: County, ss. The State of Delaware, To the Sheriff of said County, greeting: out of our (here insert the style of the court) in the said County, returnable to term, 20, at the suit of plaintiff vs. defendant; and have this writ, with your doings thereon certified, at our said Court to be held at ., on day of next. Witness at the day of in the year of our Lord two thousand and Prothonotary.

(b)If there is legal exception to the sheriff, the writ may be directed to a local law-enforcement officer.

(c)If the sale is by order of the Court of Chancery, omit from the word “execution” to the word “defendant,” both inclusive, and instead thereof insert, “an order of our Court of Chancery, at in a certain cause between plaintif

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(a) A writ of possession may be according to the following form:

County, ss. The State of Delaware, To the Sheriff of said County, greeting:

out of our (here insert the style of the court) in the said County, returnable to term, 20, at the suit of plaintiff vs. defendant; and have this writ, with your doings thereon certified, at our said Court to be held at ., on day of next.

Witness at the day of in the year of our Lord two thousand and

Prothonotary.

(b) If there is legal exception to the sheriff, the writ may be directed to a local law-enforcement officer.

(c) If the sale is by order of the Court of Chancery, omit from the word “execution” to the word “defendant,” both inclusive, and instead thereof insert, “an order of our Court of Chancery, at in a certain cause between plaintiff and defendant.” The writ may be adapted to the case by any necessary variation in the form.

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