HILL v. RESORT DEVELOPMENT COMPANY

No. 177.

110 S.E.2d 470 (1959)

251 N.C. 52

Lula Freeman HILL and husband, Frank C. Hill, et al. v. RESORT DEVELOPMENT COMPANY, Inc., et al.

Supreme Court of North Carolina.

October 14, 1959.


Attorney(s) appearing for the Case

Taylor & Mitchell, Raleigh, for plaintiffs, appellants.

Kellum & Humphrey, Wilmington, for defendant, appellee.


BOBBITT, Justice.

"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 § 122b. 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...

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