Hooper v. Yonge
Supreme Court of Alabama
Appeal from Lee Chancery Court. Heard before Lion. N. S. Graham. On the 11th June, 1875, the Chancery Court of Lee county, in a suit then pending in that court, wherein George D. and George "W. Hooper were complainants, and ~W. O. and M. A. Yonge were defendants, rendered a decree of foreclosure of a mortgage executed by the defendants to the complainants, and ordered a sale of the lands conveyed thereby for the payment of the mortgage debt.
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Appeal from Lee Chancery Court. Heard before Lion. N. S. Graham. On the 11th June, 1875, the Chancery Court of Lee county, in a suit then pending in that court, wherein George D. and George "W. Hooper were complainants, and ~W. O. and M. A. Yonge were defendants, rendered a decree of foreclosure of a mortgage executed by the defendants to the complainants, and ordered a sale of the lands conveyed thereby for the payment of the mortgage debt. On 15tb November, 1875, tbe register sold the lands under the decree, and at the sale the complainants became the purchasers, and thereafter reported the…
1Opinion of the CourtSomebyille, J.
Courts of chancery have authority, both by their common law jurisdiction and under the express provisions of the statute, to issue writs of assistance, or possession, for *486the purpose of enforcing their decrees or orders, and in the exercise of this power, they can compel the delivery of personal property, or the possession of land, by any of the parties to the suit, by'persons coming into posession pendente lite, or by mere naked tresspassers. — Johnson & Seats v. Taylor, at present term; Code, 1876, § 3906; Trammel v. Simmons, 8 Ala. 271; Creighton v. Paine, 2 Ala. 158.
But this right is…
2Cases cited4 opinions
- Kershaw v. ThompsonNew York Court of Chancery · 1820
- Thompson v. CampbellSupreme Court of Alabama · 1876
- Creighton v. PaineSupreme Court of Alabama · 1841
- Trammel v. SimmonsSupreme Court of Alabama · 1845
3Cited by13 opinions
- Commonwealth ex rel. Lieberum v. LewisSupreme Court of Pennsylvania · 1916
- Roach v. ClarkIndiana Supreme Court · 1897
- State ex rel. Flowerree v. District CourtMontana Supreme Court · 1924
- Williams v. ShermanIdaho Supreme Court · 1922
- Bunch v. High Springs BankSupreme Court of Florida · 1918
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