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Fairfax's Devisee v. Hunter's Lessee U.S. 603 (1813)

handle is hein.slavery/ussccases0011 and id is 1 raw text is: FEBRUARY TERM. iSiS. fhavej hold, occupy, possess and enjoy the same and w it.E c eachand every part thereof, '*ith their hereditanients v. - and- appurtenances against the said' Elisha Wallen, WlIMl 6 his heirs and assigns forever.' And it was further decreed that t6i Defendant, Wallen, should -pay to the Complainant the sum of 8 593 33 i-3, the value of the tract of 41,0 acres as found by the jury which had beea impannelled to ascertain its value,. and .that for fice purpose of coinpelling payment thereof -the Complain- ant sliould have execution, which was accordingly is- sued, and satisfied. The Complainant afterwards obtained a writ of -hab. facws, grounded upon the affidavit of the marshmal that the Defendant refused to deliver possessipn to the Com- plainant according to the decree. By virtue- of this writ the Complaiant was put into possession of the two tracts of 610 acres each, and the Defendant, Wallen, brought his )vit of error. JoNns, for the- Plaiut it error, *Moved the Court to direct the Court below to- quash the writ of hb. faczas and to award a writ' of -restitu- tion, upon the ground, as it is understood, that the Court below, as a Court of equity, could not award such a writ. He cited 5 Com.. Dig. Tit. Pleader 3 B. 20, and 9 Vin. ab. &78. (8 -vo. Ed..) Tit, Error, F pl. 3. There was ifo appearance for the Defendant in error. The Court made the order agreeably to the motion. FAIRFA_'S DEVISEE v. HUNTER'S LESSEE. 182. Feb. 27i. .Absent....M.u sI5u-L, ct. J. anid WASHINGTON, J. THIS was a writ of error, to the Court of appeals L04 F1r, of Virginia in an ction of ejectment involving tile con- at the time

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