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1 Shan. Cas. 67

Williams v. State

Tennessee Supreme Court

Decided September 15, 1853

Tennessee Supreme Court · decided 1853-09-15

<p>CRIMINAL LAW. Repossession after dispossession.</p> <p>Where the wife and children, in the absence of the husband, yield possession to an officer with the writ of possession, the husband is dispossessed within the meaning of the law. (Code, secs. 6521-6523.)</p>

Decided 1853-09-15

Totten, J.:

¶1Williams is indicted under the act of 1825, ch. 63, sec. 3 [Code, secs. 6521-6523], for repossessing' himself of land after being dispossessed in an action of forcible entry and detainer. After the recovery by the plaintiff in the action of forcible entry and detainer, an officer went upon the land to execute the writ of possession. The defendant was absent, and the officer gave the wife and children four days to yield up possession, which they did, and the officer returned afterwards and found them gone.

¶2The court below held this to be a dispossession within the meaning of the act. In this there was no error.

¶3Judgment affirmed.

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