Sexton v. Harper & Mayfield

Courts of equity have the inherent power, upon a decree of foreclosure and 'sale of lands under mortgage, to direct by decree the issuance of a proper writ of possession to put the purchaser in possession. Delivery of possession of the property is an incident to, and in consummation of, the foreclosure proceeding.

Granting, for the purposes of this case, that the decree of sale was interlocutory until the sale was confirmed, and a writ of possession issued prior to confirmation would have been premature, the decree of sale became final upon the decree of confirmation. Confirmation of the…