Fitzalden v. Lee
2 U.S. 205
Opinion
:-Execution is of right; yet it may be, and every day is, withheld on proper reasons being shewn. The defendant is in possession under the agreement, of the plaintiff, and it is fraudulent for any man to attempt to overthrow his agreement in this manner. Under all the circumstances of the case, we do not think it proper to issue a writ of restitution.
Motion refused.
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Fitzalden v. Lee, 2 U.S. 205 (1793).
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