Subchapter XIII. Lien of Execution
TITLE 10
Courts and Judicial Procedure
Procedure
CHAPTER 49. EXECUTIONS
Subchapter XIII. Lien of Execution
§ 5081. Time of binding of goods and chattels by execution; duration of lien.
An execution shall not bind goods and chattels until it is delivered to the sheriff or other proper officer to be executed. An execution shall, from the time it is so delivered, bind all the goods and chattels of the defendant within the bailiwick, which shall be actually levied upon within 60 days thereafter. No levy upon goods and chattels, made by virtue of execution process, shall be of any force or effect as against a subsequent execution levied upon the same goods and chattels for a longer period than 3 years from the making of such first mentioned levy.
Code 1852, §§ 2492, 2493; 12 Del. Laws, c. 207; Code 1915, § 4410; Code 1935, § 4868; 10 Del. C. 1953, § 5081.;
§ 5082. Priority of liens.
If several executions against the same defendant are delivered on the same day, the first delivered shall have priority. If several executions against the same defendant are delivered together, they shall have priority according to their respective numbers.
Code 1852, § 2494; Code 1915, § 4411; Code 1935, § 4869; 10 Del. C. 1953, § 5082.;
§ 5083. Endorsing of date on writ.
The Prothonotary, issuing an execution, shall endorse thereon the date of its issue.
Code 1852, § 2495; Code 1915, § 4412; Code 1935, § 4870; 10 Del. C. 1953, § 5083.;
§ 5084. Duty of sheriff upon receipt of execution.
The sheriff, or other officer, receiving an execution, shall, in a docket, set down the date of receiving it; and when several executions are delivered on the same day, the docket shall show the order in which they are received. Such officer shall also endorse upon an execution, immediately on receiving it, the precise time of its delivery to him or her.
Code 1852, § 2496; Code 1915, § 4413; Code 1935, § 4871; 10 Del. C. 1953, § 5084; 70 Del. Laws, c. 186, § 1.;
§ 5085. Applicability to executions by the Court of Common Pleas or justices of the peace.
The provisions of this subchapter shall not apply to executions issued by the Court of Common Pleas or justices of the peace.
Code 1852, § 2497; Code 1915, § 4414; Code 1935, § 4872; 10 Del. C. 1953, § 5085.;