Stidham v. Brooks

Layton, C. J.,

delivering the opinion of the Court:

The jurisdiction of the Superior Court, conferred by Section 4837 of the Revised Code of 1935, to award a writ of possession to a purchaser of lands and tenements at an execution sale is attacked on the ground that the record does not disclose a proper case for the exercise of the jurisdiction.

Purchasers of real property at execution sales succeed to the rights of the defendant in the execution. They become entitled to possession of the property purchased if the defendant was so entitled. But, possession must be recovered by due process of…