2 Nott & McC. 382
Supreme Court of South Carolina
Decided May 15, 1820
Supreme Court of South Carolina · decided 1820-05-15
This was an action of trespass quare clausum, fregit; plea, liberum tenemen-tum. Verdict for plaintiff. Mr. Gist, on behalf of the plaintiff, stated that the defendant, or some one nnder him, continued on the land, and moved for leave to issue a habere facias *possessionem, and relied on the case of Sumter v. Lehre,2 as authority for the order, which was refused. A motion was now made to reverse the decision below, and for leave to issue the writ. [*383
Decided 1820-05-15
¶1The opinion of the Court was delivered by
¶2It is clear such writ cannot be issued at the common law, and there is no statute law in the State upon the subject. The action is predicated on the possession of plaintiff, and a writ of possession is therefore unnecessary; we have no report of the case of Sumter v. Lehre, and cannot therefore consider it as authority, to overturn the well established doctrine on the subject. The motion is dismissed unanimously.