writ of assistance

writ of assistance
Process, sometimes called a writ of possession, issued by a court of equity to secure the possession of land after the title or right of possession has been finally determined: 6 Am J2d Assist § 1. A process for enforcing the right of a purchaser at a judicial sale to possession. 30A Am J Rev ed Jud S § 197. A writ under which the purchaser at an execution sale may obtain possession of the property. 6 Am J2d Assist § 6, A writ issued by an American colonial court authorizing officers of the king to call for aid and to search any premises. The writ of assistance is a summary proceeding resorted to under the rules of chancery practice to give effect to the decree, and presupposes that the rights of the parties are only such as follow upon the decree and any sale had pursuant thereto. San Jose v Fulton, 45 Cal 316, 318.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • writ of assistance — see writ Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. writ of assistance n …   Law dictionary

  • writ of assistance — n. a writ issued by a court of equity, ordering the transfer of real property to the rightful owner …   English World dictionary

  • Writ of assistance — A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff, to perform a certain task. Historically, several types of writs have been called writs of assistance .[1] Most often, a… …   Wikipedia

  • writ of assistance — 1. : a writ issued by a court of equity to a sheriff, marshal, or other law officer for the enforcement of an order or decree of the court; especially : one used to enforce an order for the possession of lands 2. : a writ issued to a sheriff or… …   Useful english dictionary

  • writ of assistance — Writs of Assistance exist to enforce judgment of court directing specific act. Matter of Lease Cancellation of Smith, 68 Hawaii 466, 719 P.2d 397, 401. An equitable remedy normally used to transfer real property, the title of which has been… …   Black's law dictionary

  • Writ of Assistance — Le Writ of Assistance, mandats général de perquisition ou encore mandat de main morte, est une procédure privilégiée instituée en Angleterre depuis les années 1650 sous Oliver Cromwell, selon laquelle les agents de douanes disposaient du droit de …   Wikipédia en Français

  • writ of assistance — writ′ of assist′ance n. amh. (before the American Revolution) a writ authorizing officers of the British crown to search any premises for smuggled goods • Etymology: 1700–10 …   From formal English to slang

  • Writ of Assistance — The Writs of Assistance is a legal document that serves as a general search warrant.Unlike the warrant, it is generally open ended, and requires all parties to support the officer to whom it was issued. Its normal use is in support of customs and …   Wikipedia

  • writ of assistance — Date: 1706 1. a writ issued to a law officer (as a sheriff or marshal) for the enforcement of a court order or decree; especially one used to enforce an order for the possession of lands 2. a writ used especially in colonial America authorizing a …   New Collegiate Dictionary

  • writ of assistance — Amer. Hist. a writ issued by a superior colonial court authorizing officers of the British crown to summon aid and enter and search any premises. [1700 10] * * * …   Universalium

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