If the attachment has not been dissolved, as provided in this subchapter, judgment may be given for the plaintiff in the attachment at the second term after issuing the writ as in other cases of attachment, and thereupon the Court may order that the sheriff shall sell the property attached, on due notice, and pay the proceeds, deducting legal costs and charges, to auditors for distribution. Any balance remaining due from the defendant in the attachment to any of the parties after such distribution of the proceeds may be collected as other debts, and any surplus after paying costs shall be returned to the defendant or the defendant’s executors, administrators or assigns. All sales made under this subchapter shall be good against the defendant, the defendant’s executors, administrators or assigns.

16 Del. Laws, c. 145, § ?7; Code 1915, § ?2849; Code 1935, § ?3330; 25 Del. C. 1953, § ?2728; 70 Del. Laws, c. 186, § ?1;

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Terms Used In Delaware Code Title 25 Sec. 2728

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.