§ 5062 — Land divided by county line; venue of action

Whenever the dividing line between any 2 counties of this State runs through a tract of land conveyed in mortgage, a writ of scire facias may be sued out in either county in which any part of such tract is situated, directed to the sheriff of the county in which such writ is sued out. The sheriff may make service of the writ, notwithstanding any person or persons liable to such service in and residing in this State may live outside the sheriff’s bailiwick. The Superior Court of the county wherein such action is brought may give definitive judgment upon such scire facias with the same effect as if the lands lay wholly within such county.

Legislative History

18 Del. Laws, c. 221 ; Code 1915, § 4400; Code 1935, § 4858; 10 Del. C. 1953, § 5062; 70 Del. Laws, c. 186, § 1