CHAPTER 2327: EXECUTION GENERALLY

An execution is a process of a court, issued by its clerk, and directed to the sheriff of the county. Executions may be issued to the sheriffs of different counties at the same time.

Effective Date: 10-01-1953

Executions are of three kinds:

(A) Against the property of the judgment debtor, including orders of sale;

(B) Against the person of the judgment debtor;

(C) For the delivery of the possession of real property, including real property sold under orders of sale.

The writ must contain a specific description of the property, and a command to the sheriff to deliver it to the person entitled thereto. It also may require such sheriff to make the damages recovered for withholding the possession and costs, or costs alone, out of the property of the person who so withholds it.

Effective Date: 10-01-1953

When it is admitted by the pleading, or on the examination of a party, that he has in his possession, or under his control, money or other thing capable of delivery, which is the subject of the litigation, and held by him as trustee for another party, or which belongs or is due to another party, the court may order it to be deposited in court or delivered to such party, with or without security, subject to its further direction.

Effective Date: 10-01-1953

When, in the exercise of its authority, a court orders the deposit or delivery of money or other thing, and the order is disobeyed, besides punishing the disobedience as for a contempt, the court may make an order requiring the sheriff to take the money or thing and deposit or deliver it in conformity with the court’s direction.

Effective Date: 10-01-1953