Terrell v. Allison
Supreme Court of the United States
Appeal from the Circuit Court for the Southern District of Mississippi, from a decree awarding a writ of assistance to put the purchaser in possession of mortgaged property sold under a decree of the court, and to remove the appellants from the premises.
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Appeal from the Circuit Court for the Southern District of Mississippi, from a decree awarding a writ of assistance to put the purchaser in possession of mortgaged property sold under a decree of the court, and to remove the appellants from the premises. The case arose in this wise: In April, 1866, one Yaugh A. Ililburn, a resident of Mississippi, executed to Hugh Allison and others a mortgage upon certain real property situated' in that State, to secure the payment of his promissory note of the same date for §12,000, payable in March of the following year. In April, 1867, the mortgagor sold…
1Opinion of the CourtJustice Field
A writ of assistance is undoubtedly an appropriate process to issue from a court of equity to place a purchaser of mortgaged premises under its decree in possession after he has received thé commissioner’s or master’s deed, as against parties who are bound by the decree and who refuse to surrender possession pursuant to its direction or other order of the court. The power to issue the writ results from the principle, that the jurisdiction of the court to enforce its decree is coextensive with its jurisdiction to determine the rights of the parties, and to subject to sale the property…
2Cases cited1 opinion
- Frelinghuysen & Bruen v. ColdenNew York Court of Chancery · 1833
3Cited by39 opinions
- Lamb v. CramerSupreme Court of the United States · 1932
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Hannibal & St. Joseph Railroad v. State Board of EqualizationSupreme Court of Missouri · 1876
- Helen McLanahan Stevens v. Chauncey C. LoomisCourt of Appeals for the First Circuit · 1964
- Textile Workers Union of America v. Cone Mills CorporationCourt of Appeals for the Fourth Circuit · 1959
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