Hall v. Dexter
U.S. Circuit Court for the District of California
[This was an action at law to recover possession of lands by Laura S. Hall and others against Henry S. Dexter and others. After judgment for plaintiffs (Oase No. 5,949), ihe plaintiffs took a writ to obtain possession of the lands, which the marshal would not execute because the persons then in possession claimed title under a tax sale subsequent to the bringing of the suit. Plaintiffs now tender a bond of indemnity, and pray that the marshal be directed to enforce the writ]
1Opinion of the Court
FIELD, Circuit Justice.
In November, 1807, the plaintiff recovered judgment for the possession of the premises in controversy, which are situated in the city of San Francisco. In 1873 the judgment was affirmed by the supreme court, and on filing its mandate in the circuit court in June last, a writ for the possession of the premises was issued to the marshal of the district
The writ directs that officer to place the plaintiff in the quiet and peaceable possession of the premises, but he refuses to execute it on the alleged ground that the person occupying the premises is a tenant under a party…
2Cited by1 opinion
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