Hill v. Resort Development Co.
Supreme Court of North Carolina
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
- Exum v. . BakerSupreme Court of North Carolina · 1894
- Clarke v. AldridgeSupreme Court of North Carolina · 1913
- Bank v. . LeveretteSupreme Court of North Carolina · 1924
- Clarke v. . AldridgeSupreme Court of North Carolina · 1913
- Gower v. Town of ClaytonSupreme Court of North Carolina · 1938
3Cited by1 opinion
- Young v. State Farm Mutual Automobile InsuranceSupreme Court of North Carolina · 1966