§ 772.Deed By Successor of Officer Making Sale

Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 772 lets a successor sheriff or officer execute a deed for land already sold on execution if the original officer's term expired or that officer is absent, dead, or otherwise unable, once a court certificate confirms the sale was made “fairly and legally.”

Full Text of § 772

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If the term of service of the sheriff or other officer who has made, or shall hereafter make sale of any lands and tenements, shall expire, or if the sheriff or other officer shall be absent, or be rendered unable by death or otherwise, to make a deed of conveyance of the same, any succeeding sheriff or other officer, on receiving a certificate from the court from which the execution issued for the sale of said lands and tenements, signed by the clerk, by order of said court, setting forth that sufficient proof has been made to the court that said sale was fairly and legally made, and on tender of the purchase money, or if the same or any part thereof be paid then on proof of such payment and tender of the balance, if any, may execute to the said purchaser or purchasers, or his or their legal representatives, a deed of conveyance of said lands and tenements so sold. Such deed shall be as good and valid in law and have the same effect as if the sheriff or other officer who made the sale had executed the same.

End

Amendment History

R.L. 1910, § 5174.

Plain-English Summary

Section 772 covers what happens when the officer who sold land on execution isn't around to finish the job, whether the officer's term expired, or the officer is absent, dead, or otherwise unable to make the deed. A successor sheriff or officer can step in and execute the deed, but only after getting a certificate from the court that issued the execution, signed by the clerk on the court's order, confirming that sufficient proof shows the sale was made “fairly and legally,” and after the purchase money is tendered, or, if already paid in whole or part, proof of that payment and tender of any balance.

A deed the successor officer executes this way carries the same force as if the original officer had signed it.

Frequently Asked Questions

Who executes the deed if the sheriff who sold the land is no longer in office?

A successor sheriff or officer, once a court certificate confirms the sale was made “fairly and legally” and the purchase money is paid or tendered.

What if the original officer died or became unable to act instead of leaving office?

The same rule applies; a successor officer can execute the deed on the same certificate-and-payment conditions.

Is a deed from a successor officer as valid as one from the original officer?

Yes, Section 772 says it's just as good and valid, with the same legal effect.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: successor sheriff deed oklahomaofficer left office before deed execution sale oklahoma12 O.S. § 772court certificate sheriff deed oklahoma