Delaware Code Title 10 Sec. 4716 – Cases in which the 10 year limitation shall not apply
(a) This subchapter shall not operate to defeat the due enforcement of any writ of execution under any judgment for the recovery of money entered or recorded in the Superior Court, by virtue of which real estate is seized or taken, if such writ of execution is issued before the expiration of the said term of 10 years. They shall not apply to any judgment upon a mortgage or mechanic’s lien.
Terms Used In Delaware Code Title 10 Sec. 4716
- 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.
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) No general lien which would have remained in force for more than 10 years under this section as it existed prior to June 23, 1955, shall be lost by virtue of § 4711 of this title or subsection (a) of this section, if within 1 year from June 23, 1955, such lien shall be extended in accordance with this subchapter.
19 Del. Laws, c. 778, § ?6; 22 Del. Laws, c. 457, § ?6; 23 Del. Laws, c. 200, § ?6; Code 1915, § ?4298; Code 1935, § ?4770; 10 Del. C. 1953, § ?4716; 50 Del. Laws, c. 319, §§ ?2, 3;