Majority
p. 272Devaucene vs. Devaucene and others. February 6, 1832.
Headnote
’ Papers used upon an application for a writ of assistance and for other relief, where a decree had directed a reconveyance of an estate and possession to be given and which were refused.The decree in this case had set aside a deed conveying real estate in the village of Brooklyn, and directed the defendants to reconvey .the property to the complainant and give up possession. They had made default in doing so; and Mr. David Graham, on the part of the complainant, now moved for a writ of assistance and for such other relief as the court might see proper to g;rant.
The motion was founded upon the following documents: Notice of the motion and affidavit of personal service of a copy of the same and of the other papers;
A certified copy of the decree; Certificate of the.enrolment of the decree ; Deed of reconveyance, approved of by a master; Affidavit showing a demand of possession and execution of the deed of reconveyance and refusal to do either.
Take a writ of assistance; and let an attachment issue, in case the deed be not executed within ten days.