Walsleben v. Korgan

In this appeal from the foreclosure of a land sale contract, defendant vendees raise five assignments of error. We write only to address their claim that a writ of assistance, by which plaintiffs regained possession of the premises, was invalidly issued.

Plaintiffs sought to foreclose the land sale contract. They obtained an order giving defendants 30 days to pay the contract price. On December 27, 1991, a writ of assistance was issued. It was executed the same day. However, the judgment of foreclosure was not entered until December 31, 1991. By that time, defendants had filed a notice of…