Lundstrum v. Branson

Citations

• 92 Kan. 78
• 139 P. 1172
• 1914 Kan. LEXIS 170

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Writ of Assistance — Will Not Issue in Cases of Questionable Right to Possession. The use of a writ of assistance in chancery practice is usually limited to cases in which the rights of the parties to the possession of the land in controversy have been settled by the decree of the court issuing the writ, and in such cases it is issued to carry the decree into effect and to save another action or proceeding to acquire possession.</p> <p>2. Same. The writ, as a rule, never goes except in cases substantially free from doubt as to the right of possession, and it should not be used to put in possession a purchaser at an ordinary execution sale of land levied upon to satisfy a general judgment, and certainly not when a fair question as to the validity of such judgment is involved.</p>