Holly-Mason Hardware Co. v. Schnatterly

The appellant, Holly-Mason Hardware Company, holding a mortgage upon certain real property executed by the respondents Schnatterly and wife, brought suit to foreclose the same, and obtained a decree of foreclosure on November 25, 1918. An order of sale was issued on the decree and the property was sold to the appellant on March 1, 1919, which sale was confirmed by the court ordering the sale, on March 29, 1919.

On July 14, 1919, the appellant applied to the court for a writ of assistance to obtain possession of the property, averring, in an affidavit filed in support of the application, that…