Opinion
(November Term, 1784.)
Where a judgment in ejectment is set aside after the writ of possession has been executed, the Court will issue a writ of restitution of defendant to the possession.
Ejectment. At the last term, judgment was taken by default against the casual ejector, and a writ of habere facias possessionem awarded and executed, and now the judgment was set aside on payment of full costs; Shine making himself a defendant, and agreeing not to delay the trial.
And on motion of ________________ his counsel,
The Court directed a writ to issue to the sheriff, to reinstate Shine in the possession of the premises.
NOTE. — See Beaner v. Pilley, 4 N.C. 329; Bledsoe v. Wilson, 13 N.C. 314.
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