Knight v. . Houghtalling
Supreme Court of North Carolina
Petition fikd in the Supreme Court in the above entitled action, by R. W. Winston and T. L. Hargrove, the purchasers at the sale made under the decree of this Court in said action, heard at February Term, 1886, of the Supreme Court. This was a petition for a writ or ASSISTANCE, filed in the case of Knight v. Houghtalling, which was decided by the Court at the October Term, 1884, and reported in 85 N. C., 17. It was a civil action to foreclose a mortgage.
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Petition fikd in the Supreme Court in the above entitled action, by R. W. Winston and T. L. Hargrove, the purchasers at the sale made under the decree of this Court in said action, heard at February Term, 1886, of the Supreme Court. This was a petition for a writ or ASSISTANCE, filed in the case of Knight v. Houghtalling, which was decided by the Court at the October Term, 1884, and reported in 85 N. C., 17. It was a civil action to foreclose a mortgage. There was a judgment in the case, at October Term, 1884, against the defendants, one of whom was William H. Wood, the defendant in this…
1Opinion of the CourtAshe, J.
(after stating the facts). We are of opinion, upon the facts of the case as stated in the petition and accompanying affidavits, that the petitioners ave entitled to the writ.
The writ of assistance is a novel process in this State. We believe it is the first time an application has been made to any Court in this State for such a writ. But it has been frequently used in several of the States.
It may be termed an equitable liabere faoias possessionem, for it is only issued from courts of chancery, and only in these cases when the courts have by their decree, caused lands to be sold, in which case…
2Cases cited1 opinion
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
3Cited by20 opinions
- Piedmont Wagon Co. v. ByrdSupreme Court of North Carolina · 1896
- Coor v. . SmithSupreme Court of North Carolina · 1890
- Exum v. . BakerSupreme Court of North Carolina · 1894
- Clarke v. AldridgeSupreme Court of North Carolina · 1913
- Bank v. . LeveretteSupreme Court of North Carolina · 1924
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