When any sheriff or other officer sells any real estate or present interest in land by virtue of and under any execution or otherwise, it shall be his duty, upon application, to place the purchaser or his agent or attorney in possession of the real estate. To this end, the officer may dispossess the defendant, his heirs, his tenants, or his lessees, vendees, or assignees since the judgment. However, he may not dispossess other persons claiming under an independent title.
(Laws 1811, Cobb's 1851 Digest, p. 510; Laws 1823, Cobb's 1851 Digest, p. 512; Code 1863, §§ 2580, 3578; Code 1868, §§ 2582, 3601; Code 1873, §§ 2624, 3651; Code 1882, §§ 2624, 3651; Civil Code 1895, §§ 5451, 5468; Civil Code 1910, §§ 6056, 6073; Code 1933, §§ 39-1309, 39-1312.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 47 Am. Jur. 2d, Judicial Sales, §§ 110, 111.
C.J.S.- 50A C.J.S., Judicial Sales, § 106, 107 et seq.