Langley

This is an appeal from an order made on December 9th, 1878, for the issuance of a writ of assistance to put the appellants out of, and one William Hale into possession of certain premises which he purchased from one Robert Hamilton, a purchaser at Sheriff’s sale under a decree of foreclosure rendered on the 17th day of April, 1873, in favor of one G. A. Langley, against E. W. Yoll and wife, the appellants herein.

The applicant, Hale, moved for the writ within five years from the date of the entry of the judgment, so that the question whether his right to a writ—assuming that, as a stranger to the record he is entitled to one at all—is barred by the limitation of five years within which a plaintiff may take out process to enforce his judgment, does not arise in the case. But as the grantee of a purchaser at the Sheriff’s sale under a decree of foreclosure, who was himself a stranger to the record, we think *437 lie' is not entitled to a writ of assistance, because lie is an entire stranger to the record, and the process, if issued, could not run. in his name. The case does not belong to the class of cases in which the plaintiff in a judgment purchases at his own sale. In such…