¶1The CouRT, however, was of opinion that its power to decree a sale of the property included a power to compel all the parties to submit to such decree, and to carry it into effect; and on the 6th of June, 1828, an injunction was issued by the Court, commanding the defendants and all other persons to deliver the possession to Mr. Leclde. This injunction having been served and disobeyed, and it having been suggested that Mrs. McCormick, the widow of the intestate, was entitled to dower, a commission was issued, by order of the Court and consent of parties, on the 14th of June, 1828, to assign her dower, which was returned executed; and the report of the commissioners assigning her dower was, ofl the 21st of June, 1828, confirmed by the Court; and, upon the authority of the case of Garretson v. Cole, 1 Har. & Johns. 389, a writ of habere facias possessionem, was ordered, agreeably to the form adopted by the Chancellor in that case; which is not exactly the form of the common-law writ, but was framed by the Chancellor to suit the occasion. See the Maryland Act of 1785, c. 72, § 27.
3 D.C. 312
Oneale v. Caldwell
Decided May 15, 1828
In this case, the Court, as a court :of equity, having issued an injunction commanding the defendants to deliver possession of the land to the purchaser, under its decree, &c., the following statement of the case, and reasons for the decision of the Court, were drawn up, and communicated to the counsel of the parties, at their request, by CRanch, C. J. This was a bill in chancery, filed 11th June, 1822, by William Oneale, in behalf of himself and other creditors of the…
Decided 1828-05-15