United States v. Lowry
U.S. Circuit Court for the District of Pennsylvania
These cases were tried by separate juries. The defendants [Morrow Lowry and John Lowry] were indicted, severally, for obstructing the marshal in executing writs of habere facias possessionem, issued from this court.
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These cases were tried by separate juries. The defendants [Morrow Lowry and John Lowry] were indicted, severally, for obstructing the marshal in executing writs of habere facias possessionem, issued from this court. It appeared in evidence, that the writs of habere facias possessionem, issued regularly in each case, on judgments in ejectment recovered in this court, were delivered to a deputy marshal; whose commission from the marshal was called for and produced, with a certificate of his haying taken the oath required by the act of congress, before a state judge, and duly certified to the…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). In the execution of a writ of habere facias possessionem, there are several acts to be performed, which may all be done within a short space of time; but must necessarily be done in succession. If an adverse possession be held, the officer is first to turn out the occupant, then to take possession in the name of the law, and after-wards to deliver it to the plaintiff in ejectment. The offence, which consists in opposing or obstructing the execution of the writ, is complete, when the person in possession refuses, and by threats of violence, which it is in his power to enforce,…
2Cited by4 opinions
- State v. ScottSupreme Court of Louisiana · 1909
- United States v. HuffUnited States Circuit Court · 1882
- State v. HollmanSupreme Court of South Carolina · 1958
- State v. HollmanSupreme Court of South Carolina · 1958