Den ex dem. Hicks v. Johnson
Supreme Court of New Jersey
In this case the plea had been relinquished at the circuit, a judgment entered, habere facias possessionem issued and executed, upon the return of which, Saxton for the defendant, upon an affidavit of the defendant, that the sheriff in executing the writ of possession, had dispossessed him and put t-he plaintiff in possession of a parcel of land to which the plaintiff had not title, obtained a rule to shew cause, ‘‘ why a writ of restitution should not be awarded to restore…
Read the full summary
In this case the plea had been relinquished at the circuit, a judgment entered, habere facias possessionem issued and executed, upon the return of which, Saxton for the defendant, upon an affidavit of the defendant, that the sheriff in executing the writ of possession, had dispossessed him and put t-he plaintiff in possession of a parcel of land to which the plaintiff had not title, obtained a rule to shew cause, ‘‘ why a writ of restitution should not be awarded to restore the defendant to the possession of a lot of land of which the lessors of the plaintiff had been put in possession by the…
1Opinion of the CourtEwing, C. J.
In this action of ejectment, a writ of habere facias possessionem having been executed, the defendant complains that the lessors of the plaintiff have taken possession of more lands than they have title to and recovered, and seeks the interposition of this court, from which the writ issued.
The first inquiry to be made, is whether assuming the allegation to be true, the court can afford the defendant relief.
Upon this head, the law is I think fully and clearly settled. It is laid down distinctly, and with precision, by Lord Mansfield, in Cottingham v. King, 1 Burr 629. “ In this fictitious…
2Cases cited1 opinion
- Jackson v. HasbrouckNew York Supreme Court · 1810