Smith v. Brotsch

The former practice relating to the issuance of a writ of assistance to get possession of real property under a judgment has been superseded with reference to actions relating to real property under title 1 of chapter 14 of the Code of Civil Procedure by an order of the court to be issued in its discretion requiring the sheriff to secure possession for *372the proper party. Under this section plaintiffs in this action, being an action to foreclose a mortgage, are entitled to such an order ex parte. There is nothing in the section which requires notice and as the former writ of assistance could be…