Subchapter III. Venditioni Exponas - Delaware Statutes

TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 49. EXECUTIONS

Subchapter III. Venditioni Exponas

§ 4951. Issuance.

A writ of venditioni exponas for the sale of any goods and chattels, lands and tenements, taken in execution by virtue of a writ of fieri facias, may be issued and directed either to the sheriff in office, or the sheriff's immediate predecessor (he or she having seized and taken in execution such goods and chattels, lands and tenements) at the election of the plaintiff in the execution; and all proceedings had, by virtue thereof, shall be valid in law.

Code 1852, § 2440; Code 1915, § 4356; Code 1935, § 4814; 10 Del. C. 1953, § 4951; 70 Del. Laws, c. 186, § 1.;

§ 4952. Failure or neglect in execution; penalty.

The person to whom such writ of venditioni exponas may be directed, shall, for neglect, or failure, in the execution thereof, or in making return thereon, be subject to all such rules of court, suits, fines, and other process and proceedings, as any sheriff is, or can be liable to in like cases.

Code 1852, § 2441; Code 1915, § 4357; Code 1935, § 4815; 10 Del. C. 1953, § 4952.;