Lucas v. Smith

<p>Abstract of the Decision.</p> <p>1. Assistance, Writ of, § 1*—when appropriate process. A writ of assistance- is an appropriate process to be issued from a court of chancery to place the purchaser of mortgaged premises under a foreclosure sale in possession after the master’s deed has been' delivered to such purchaser, and the time for redemption has expired.</p> <p>2. Assistance, Writ of, § 13*—when purchaser at foreclosure sale entitled to. Where, after the expiration of the period of redemption of land sold on foreclosure, the master executed and delivered a deed thereto to the purchaser, who, on failure of the defendants to deliver the possession of the premises, filed a copy of the order confirming the master’s report and sale and caused a copy of the master’s deed to be served on the defendants and demanded possession of the premises, held that such purchaser had complied with all the requirements of law and terms of the decree and was entitled to a writ of assistance to obtain possession of the property.</p> <p>3. Assistance, Writ of, § 6*—when incident of foreclosure proceedings. A writ of assistance for possession of property, purchased on a foreclosure sale, after the expiration of the period of ' redemption is not a new suit but is an incident of the foreclosure proceedings.</p> <p>4. Assistance, Writ of—what may not he tried on application for. The title to property cannot be tried on an application for a writ of assistance, as only the right of possession is involved.</p> <p>5. Assistance, Writ of—•when no advantage may he taken of filing of sworn answer. When no answer is necessary to a petition for a writ of assistance or when the answer under oath is waived, no advantage can be taken by filing a sworn answer.</p> <p>6. Assistance, Writ of—when no advantage may he taken of absence of replication. Where an answer to a petition for a writ of assistance is necessary and one is filed, if the matter is submitted for hearing without a replication and without objection, no advantage can thereafter be taken of the absence of it.</p>