Long v. Morris
Supreme Court of Alabama
Appeal from Limestone Chancery Court. Heard before Hon. W. H. Simpson. Petition by George W. Long, directed to John R. Morris, for a writ of assistance to restore him to the possession of certain lands. From a decree denying the petition, petitioner appeals.
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Appeal from Limestone Chancery Court. Heard before Hon. W. H. Simpson. Petition by George W. Long, directed to John R. Morris, for a writ of assistance to restore him to the possession of certain lands. From a decree denying the petition, petitioner appeals. The allegations of the petition are that Long purchased the lands described in the petition from William H. McClellan on February 19, 1910, paying therefor the sum of $180, a copy of which deed is attached; that at the time of the purchase said McClellan was in the possession and control of said land, and that upon his purchase petitioner…
1Opinion of the Court
ANDERSON, J.'
“The writ of assistance will issue against a party to the suit or his representative, or a person coming into possession under him pendente lite, or after a sale of the premises, or against any person who holds possession as a mere intruder or trespasser.” • — 4 Cyc. 292; Wiley v. Carlisle, 93 Ala. 237, 9 South. 288; Thompson v. Campbell, 57 Ala. 188. “A writ of assistance is the ordinary process used by a court of chancery to put a party, receiver, sequestrator, or other person into possession of property, when he is entitled thereto, either upon a decree or an. interlocutory…
2Cases cited5 opinions
- Terrell v. AllisonSupreme Court of the United States · 1875
- Exum v. . BakerSupreme Court of North Carolina · 1894
- Thompson v. CampbellSupreme Court of Alabama · 1876
- Wiley v. CarlisleSupreme Court of Alabama · 1890
- Ex parte FormanSupreme Court of Alabama · 1900
3Cited by1 opinion
- Sellers v. ManascoSupreme Court of Alabama · 1946