Griswold v. Simmons

Citations

• 50 Miss. 123

Syllabus

<p>1. Chancery Court — Writ or Assistance. — The decree to sell lands directed the commissioner to “put the purchaser in possession; if necessary that the writ of assistance be awarded.” It is no longer a mooted question, that when equity has jurisdiction of a cause, it will retain it for all the legitimate purposes of the proceedings. It will retain jurisdiction in order to administer full relief. 10 S. & M., 184; 34 Miss., 655; 27 ib., 419; 13 S. & M., 131; 33 Miss., 153. And this includes, in proper cases, the delivery of possession of real estate. Rev. Code, 1871, § 1267; 13 S. & M., 132. The writ of assistance is a process “ well known to the law.” 2 Daniels Ch. Pr., 1082; 1 Barb. Ch. Pr., 441.</p> <p>2. Same — When the Writ or Assistance shall issue. — The writ of assistance should issue upon the complainant filing with the clerk a petition, and proof of service of the order of the chancellor upon the defendant, and demand of possession, and his refusal to surrender.</p>