Jordan v. Sumners

Code, § 8003, new to the Code of 1923, undertakes to extend the remedy by action of unlawful detainer to the purchaser of lands sold under the power of sale in a mortgage or deed of trust as against the mortgagor or one holding under him.

The plaintiff, a mortgagee, purchasing at his own foreclosure sale, sued the mortgagor in unlawful detainer, relying upon this statute.

By our Constitution, § 168, a justice of the peace is denied jurisdiction in casas of “ejectment.” Any possessory action for the recovery of lands wherein the right to possession turns upon title to the premises is thus…