Watkins v. Jerman
36 Kan. 464
Kan.1887Check TreatmentThe opinion of the court was delivered by
We think the court below erred. The holder of a sheriff’s deed for real estate purchased under a decree of foreclosure of a mortgage and a sale of the mortgaged premises, has a right to a writ of assistance to procure the possession of the premises purchased, as against all persons who were parties to the foreclosure suit, and all who hold under authority given by such parties after the .'commencement of such suit. (Bird v. Belz, 33 Kas. 391; Bell v. Birdsall, 19 How. Pr. 491; 2 Jones on Mortgages, §1663.)
The order of the court below overruling the motion of the plaintiff below for a writ of assistance will be reversed, and the cause remanded for further proceedings.