In re Young
District Court, D. Alaska
Jennie Young filed her petition herein, alleging that the United States marshal, in the execution of a writ of ejectment in cause No. 1181, entitled Lucy Lindeman v. Jimmie Young, had dispossessed her of some real estate of which she (petitioner herein) is, and was at the time of the commencement of said ejectment action, the owner, and of which, at said time, she was in the actual, open, and notorious possession, occupying and holding the same “in her own right, title, and…
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Jennie Young filed her petition herein, alleging that the United States marshal, in the execution of a writ of ejectment in cause No. 1181, entitled Lucy Lindeman v. Jimmie Young, had dispossessed her of some real estate of which she (petitioner herein) is, and was at the time of the commencement of said ejectment action, the owner, and of which, at said time, she was in the actual, open, and notorious possession, occupying and holding the same “in her own right, title, and interest, exclusively and independently of any other person or persons whatsoever, and adversely to all the world…
1Opinion of the Court
JENNINGS, District Judge.
The precise question before the court is as to whether or not that motion should be granted; but at the hearing (doubt having been expressed as to the jurisdiction of the court and as to the propriety of proceeding by independent petition) the arguments and briefs of counsel took a wide range, necessitating an examination by the court of the following questions: (1) Has this court jurisdiction in a summary proceeding to award a writ of restitution in those cases where the officer, in the execution of a writ of ejectment issuing from the said court, has taken the…
2Cases cited5 opinions
- Howard v. Kennedy's Exr'sSupreme Court of Alabama · 1843
- Oetgen v. RossIllinois Supreme Court · 1868
- Johnson v. FullertonSupreme Court of Pennsylvania · 1863
- Garrison v. SavignacSupreme Court of Missouri · 1857
- South Beach Land Ass'n v. ChristyCalifornia Supreme Court · 1871