§ 2719 — Execution by levari facias; form

Delaware § 2719

• Jurisdiction: Delaware
• Title: 25
• Part: Mortgages and Other Liens
• Ch. 27: Mechanics’ Liens
• Subch.: Enforcement in Superior Court

Text

The execution of every judgment under the foregoing provisions shall be by writ of levari facias in the following form:

“. . . . . . . . . . . . . . . . . . . . County, ss.:

The State of Delaware.

To the Sheriff of said County, greeting:

We command you that without any other writ from us of the following described building and lot of ground, to wit (describing the same according to the record), in your bailiwick, you cause to be levied as well a certain debt of . . . . . . . . . . . . which . . . . . . . . . . . . lately in our Superior Court for the County aforesaid, before the Judges thereof, recovered against . . . . . . . . . . . . to be levied of the said building and lot of ground, as also the interest thereon from the . . . . . . . . . . . . day of . . . . . . . . . . . ., A. D., . . . . . . . . . . . . and also the sum of . . . . . . . . . . . . for the cost which accrued thereon, according to the form and effect of an act of the General Assembly in such cases made and provided, and have you there moneys before our Judges at . . . . . . . . . . . . at our Superior Court in and for the County of . . . . . . . . . . . . there to be held on the . . . . . . . . . . . . day of . . . . . . . . . . . . next to render unto the said . . . . . . . . . . . . for the debt, interest and costs aforesaid, and have you then there this writ.”

Witness (as in similar writs).

Legislative History

16 Del. Laws, c. 145, § 2 ; Code 1915, § 2844; 30 Del. Laws, c. 194 ; Code 1935, § 3325; 25 Del. C. 1953, § 2719; 84 Del. Laws, c. 42, § 99