Knabb v. Hutson

SPECTOR, Judge.

This is an interlocutory appeal by the plaintiff in an ejectment action from an order dissolving a writ of possession. The latter writ was obtained by plaintiff after the entry of a summary judgment in his behalf holding that he was owner in fee simple of the land in question and that he was entitled to possession.

The order dissolving the writ of possession was entered after a hearing on defendants’ motion, and said order recited as its basis that plaintiff failed to make demand that defendants obey the order for delivery of possession embodied in the final judgment and that…