Scott v. Richardson

Judge Marshall

delivered the Opinion of the Court.

It seems to this Court that when the sheriff had turned all the previous occupants out of the house, and put Scott into it, and given him possession, by words as well as acts, and when he had, besides, removed the goods of the previous occupants out of the dwelling house, he had, in substance and in truth, executed - the mandate of the writ of habere facias, although he had not removed all the property from the kitchen, as he had intended doing, and would have done but for the service of an injunction at that stage of the proceedings, staying…