Legal Opinion

Hill v. Resort Development Co.

Supreme Court of North Carolina

Decided October 14, 1959PublishedCited by 1 opinion

1Opinion of the CourtBobbitt, J.

“A ‘writ of habere facias possessionem’ or a ‘writ of possession’ is generally used to enforce a judgment in ejectment. The writ should pursue the judgment and contain a sufficient description of the property.” 28 C.J.S., Ejectment § 122(b). 18 Am. Jur., Ejectment § 140 et seq.

“The writ of assistance is a form of process issued by a court of equity to transfer the possession of lands, the title or right of possession to which it has previously adjudicated, as a means of enforcement of its decree, instead of turning the party over to a court of law to recover such possession. It performs the…

2Cases cited5 opinions

  1. Exum v. . BakerSupreme Court of North Carolina · 1894
  2. Clarke v. AldridgeSupreme Court of North Carolina · 1913
  3. Bank v. . LeveretteSupreme Court of North Carolina · 1924
  4. Clarke v. . AldridgeSupreme Court of North Carolina · 1913
  5. Gower v. Town of ClaytonSupreme Court of North Carolina · 1938

3Cited by1 opinion

  1. Young v. State Farm Mutual Automobile InsuranceSupreme Court of North Carolina · 1966

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