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Question 9

2022 Bar · Remedial Law · 1 sub-question

9. Notting Hill Corp. filed an action for forcible entry against the ten occupants of a parcel of land it owns. After the summary proceedings, the Municipal Trial Court (MTC) rendered judgment against the ten defendants. The defendants filed a notice of appeal, but failed to file a supersedeas bond to stay the judgment to vacate. Upon Notting Hill Corp.’s motion, the MTC issued a writ of execution. 5 of 6 When Hugh, the sheriff, was implementing the writ of execution, he discovered that the land was occupied by a number of families who all claimed that they were legitimate lessees of the ten defendants. Julia, one of the lessees, pleaded with Hugh, beseeching: “I’m just a lessee, standing in front of a sheriff, asking him to let me stay in my home.” May Hugh implement the writ of execution against the lessees? Explain briefly. (5 points)

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