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Home > Art, Film & Photography > Delaware Reports Volume 7; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
Delaware Reports Volume 7; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware

Delaware Reports Volume 7; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: half of the lands and tenements of the defendant. But before this could be done by the sheriff1, the rental value of the land had to be inquired of by him through a jury called for that purpose; aud if the defendant thereupon refused to yield the possession of the land to the plaintiff, the latter could not have a writ of habere faciaspossessionem on the return of the elegit, to put him in possession, but he was obliged to resort to an action of ejectment to recover and obtain the possession of the one-half thereof. Under the laws of this State, however, lands and tenements were always liable to be siezed and taken in execution and sold for debt, and under our statutory provisions in regard to the writ of elegit, the proceeding is quite different. For here no sale of the land can be made by virtue of any execution process, and no writ of elegit can issue to put the plaintiff in possession of it, only where no sufficient personal estate of the defendant can be found to satisfy the debt upon judgment and execution obtained.although lands and tenements under our statutes, are liable to be seized and taken in execution on a writ of fieri facias, but not to be sold until after it has been ascertained and determined by a previous inquisition of office by the sheriff, that the yearly rents and profits beyond all reprises, of such lands and tenements will not be sufficient, within seven years, to satisfy the debt, or damages, and costs in such execution; and it is only when it has thus been determined, on such previous inquisition, that the yearly rents and profits, beyond all reprises, of the lands and tenements, will be sufficient, within seven years, to satisfy the judgment, as has been done in this case, that the writ of elegit can be issued here; under which, in the words of our stat...


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Product Details
  • ISBN-13: 9780217703024
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 224
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 021770302X
  • Publisher Date: 09 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 408 gr


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Delaware Reports Volume 7; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
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