Legal Opinion
Denny v. Wilmington Ice & Coal Co.
Court of Chancery of Delaware
Decided March 2, 1925PublishedCited by 3 opinions
1Opinion of the Court
The Chancellor.
At common law the lien of an execution upon the goods and chattels dated from the teste day of the writ. The Statute of 29 Car. II modified this rule by providing that the lien should not commence until delivery of the writ to the officer to be executed. The Delaware act of 1829 (7 Del. Laws, c. 126, § 5) embodied this modification in its provisions. Its language was:
"No writ of execution shall bind goods and chattels until it is delivered to the sheriff or other proper officer to be executed.”
Upon such delivery the defendant’s goods and chattels were bound by the execution…
2Cases cited4 opinions
- Frayser's Adm'r v. R. & A. R. R.Supreme Court of Virginia · 1886
- Delaware Trust Co. v. Elder & Co.Court of Chancery of Delaware · 1920
- In re Voluntary Dissolution of Gies Lithographic Co.Appellate Division of the Supreme Court of the State of New York · 1896
- State v. ParkerSuperior Court of Delaware · 1856
3Cited by3 opinions
- Cochran v. ClementsSuperior Court of Delaware · 1936
- Keiper v. KeiperSuperior Court of Pennsylvania · 1985
- McGlinn v. Wilson Line, Inc.Court of Chancery of Delaware · 1934