Jeans v. Jeans

after decreeing a divorce, allowed to the petitioner one third part of the defendants real estate, to be laid off by commissioners appointed by the court for that purpose, and to be held by her during her fife. The court also ordered, that she should have the custody, care and maintenance of her three daughters; and that she should be allowed out of the defendant’s personal estate, the sum of two hundred dollars per annum, until the eldest daughter arrived at full age; and from that time two-thirds of that sum until the second daughter arrived at age, and the remaining one-third of that sum until the other daughter arrived at age.

The commissioners appointed to divide the land made return, to the May term of this court 1837, and their return was confirmed by the court. At the November term 1837, the complainant moved for a writ of habere facias possessionem,, founded on an affidavit that the land was still in defendant’s possession, and that he had refused to give possession.

The court laid a rule to show cause why the. writ should not issue j and, upon hearing, made that rule absolute, A writ of habere facias was issued accordingly.