HABERE FACIAS POSSESSIONEM
(bouvier) | HABERE FACIAS POSSESSIONEM, Practice, remedies. The name of a writ of
execution in the action of ejectment.
2. The sheriff, is commanded by this writ that, without delay, he cause
the plaintiff to have possession of the land in dispute which is therein
described; a fi. fa. or ca. sa. for costs may be included in the writ. The
duty of the sheriff in the execution and return of that part of the writ, is
the same as on a common fi. fa. or ca. sa. The sheriff is to execute this
writ by delivering a full and, actual possession of the premises to the
plaintiff. For this purpose he may break an outer or inner door of the
house, and, should he be violently opposed, he may raise the posse
comitatus. Wats. on Sher. 60, 215; 5 Co. 91 b.; 1 Leon. 145; 3 Bouv. Inst.
n. 3375.
3. The name of this writ is abbreviated hab. fa. poss. Vide 10 Vin. Ab.
14; Tidd's Pr. 1081, 8th Engl. edit.; 2 Arch. Pr. 58; 3 Bl. Com. 412; Bing.
on Execut. 115, 252; Bac. Ab. h.t.
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