Turner v. Waters

Eccukston, J., delivered the opinion of this court. This appeal is from a decision of the Circuit Court for Charles county, refusing to order a writ of habere facias possessionem. On the 26th of September 1846, in a magistrates court, for Charles county, Edward Turner recovered a judgment against Warren S. Waters, for $75.50, with interest, and costs. The judgment was filed in Charles county court, and a fieri facias issued thereon, directed to the- sheriff of the county, which writ he returned, thus endorsed: “Land called Old Blanford and Charity, as laid in schedule, offered and sold the 16lh February 1847, to Edward Turner, for $100, and thirty-three dollars and thirty-three aud a-third cents thereof, applied in part of the within fi. fa.” The schedule referred to is the following: “We the subscribers, being duly summoned and sworn by the sheriff of Charles county, to value and appraise the goods and chattels, lands and tenements of Warren S. Waters, taken at, the suit of Edward Turner, as follows, to wit: 191 ames of land, known by the name of Old Blanford aud Charity, lying near Hughesviile, in said county.

Appraised at, $500.73.” On the 19th of July 1847, Turner, as purchaser, made a motion for a rule upon John Williams as tenant in possession, and upon Leonard S.