Ray v. Trice

Citations

• 49 Fla. 375

Syllabus

<p>1. Before a writ of assistance should issue to put the purchaser at a foreclosure sale in possession of the property, as against one in possession claiming to be the owner or claiming the right of possession, notice should be given of the application for the writ. If the writ issues without notice and the party is dispossessed under it, the court granting the writ should upon his motion grant an order restoring the possession to him.</p> <p>2. A party in possession of property sold’ at a foreclosure sale claiming to own same by conveyances made pending the foreclosure suit can not ’be lawfully dispossessed under a writ of assistance in favor of the purchaser at such foreclosure sale issued without notice to him especially where the writ runs against another party, and if he is dispossessed under such circumstances the court granting • the writ should upon his application restore the possession to him.</p>