Upon the petition of a person holding any lien upon real estate, whether by judgment, recognizance, mortgage, or otherwise, the Court of Chancery may, in a proper case, award an injunction, or the Superior Court of the county, wherein such real estate is situate, may award a writ of estrepement, for the purpose of restraining waste upon the premises subject to the lien.

Code 1852, § ?1766; Code 1915, § ?3333; Code 1935, § ?3798; 25 Del. C. 1953, § ?911;

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Terms Used In Delaware Code Title 25 Sec. 911

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.