Berry v. King
Oregon Supreme Court
Appeal from Benton County, The complaint did not allege facts sufficient to confer jurisdiction in the foreclosure suit. {Moore v. Ellis, 18 Mich. 77; Damp v. Town of Dana, 29 "VVis. 419; United States v. Arredonda, 6 Peters, 709; Fleiehmanv. Wallc-er, 91 Ill. 318; Phipps v. Kelley-, 12 Or. 213.) A judgment coram nonjudiee is void. A person not a party to a judgment or decree cannot proceed against it, if it did not at rendition affect bis rights.
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Appeal from Benton County, The complaint did not allege facts sufficient to confer jurisdiction in the foreclosure suit. {Moore v. Ellis, 18 Mich. 77; Damp v. Town of Dana, 29 "VVis. 419; United States v. Arredonda, 6 Peters, 709; Fleiehmanv. Wallc-er, 91 Ill. 318; Phipps v. Kelley-, 12 Or. 213.) A judgment coram nonjudiee is void. A person not a party to a judgment or decree cannot proceed against it, if it did not at rendition affect bis rights. Having taken the land subject to a decree to which his grantor did not object, the grantee must abide by the lien. (Freeman on Judgments [3d ed.],…
1Opinion of the CourtLord, C. J.
This was a suit in equity to enjoin the defendants from selling certain lands, now owned by the plaintiff, upon a certain execution issued for that purpose. Briefly, the facts are: That one C. S. Preston commenced a suit in March, 1881, to foreclose a mortgage upon certain lands described therein, executed by George M. Stroup and wife to secure the payment of a certain note to J. J. Whitney, which was duly assigned to him. After due and legal service, no appearance was entered by the defendant Stroup, and a decree by default was rendered, ordering the sale of the mortgaged property, and…
2Cited by9 opinions
- Washington Investment Ass'n v. StanleyOregon Supreme Court · 1901
- Altman v. School DistrictOregon Supreme Court · 1899
- Owen v. BradleyOregon Supreme Court · 1962
- Richardson v. KingSupreme Court of Iowa · 1912
- McFarlane v. CorneliusOregon Supreme Court · 1903
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