Jones v. Hooper
Mississippi Supreme Court
Appeal from tbe Chancery Court of Monroe County. Hon. O. H. Whitfield, Chancellor. Appellant as executrix of N. B. Jones, deceased, filed ber petition, making Asa B. Daniel, Mary Daniel, and others, beirs of her testator, defendants thereto, asking for a sale of real estate under the provisions of her testator’s will. She renounced her right to sell, and all joined in asking that E. H. Bristow be appointed commissioner to sell the land. The sale was made.
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Appeal from tbe Chancery Court of Monroe County. Hon. O. H. Whitfield, Chancellor. Appellant as executrix of N. B. Jones, deceased, filed ber petition, making Asa B. Daniel, Mary Daniel, and others, beirs of her testator, defendants thereto, asking for a sale of real estate under the provisions of her testator’s will. She renounced her right to sell, and all joined in asking that E. H. Bristow be appointed commissioner to sell the land. The sale was made. W. de B. Hooper, appellee, became the purchaser. The sale was reported to the April term, 1874, of the chancery court and confirmed by the…
1Opinion of the CourtSimrall, J.
Two questions are presented in this case. First. The nature and office of the writ of assistance. Second. In what circumstances, and at the instance of what parties may it be invoked, under the practice of a court of equity?
The object of the writ is to put a party who has purchased real estate at judicial sale, into the possession of the premises. The most familiar instance of its use is where land has been sold under a decree foreclosing a mortgage. But manifestly it would apply to any other rule enforcing a lien, whereby the title and right of the property would pass to a purchaser. In such…
2Cases cited4 opinions
- Clarkson v. ReadSupreme Court of Virginia · 1859
- Creighton v. PaineSupreme Court of Alabama · 1841
- Redus v. HaydenMississippi Supreme Court · 1871
- Gilcreest v. MagillIllinois Supreme Court · 1865
3Cited by5 opinions
- Kerr v. BrawleyIllinois Supreme Court · 1901
- State ex rel. Flowerree v. District CourtMontana Supreme Court · 1924
- McLane v. Piaggio Bros.Supreme Court of Florida · 1888
- Gardner v. DuncanMississippi Supreme Court · 1913
- Gibson v. MarshallMississippi Supreme Court · 1886