Latrielle v. Dorleque
Supreme Court of Missouri
Appeal from Si. Charles Circuit Court. The only question in this case is, whether the judgment in the partition suit between Francis To'sti and the heirs of Gabriel Latrielle, deceased, is valid or not. No principle is better settled in law than that a void judgment may be questioned in a collateral proceeding.
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Appeal from Si. Charles Circuit Court. The only question in this case is, whether the judgment in the partition suit between Francis To'sti and the heirs of Gabriel Latrielle, deceased, is valid or not. No principle is better settled in law than that a void judgment may be questioned in a collateral proceeding. The judgment in partition is null and void for the following reasons, to-wit: There was no valid appointment of guardian ad litem for the plaintiff in this suit, and his infant brothers and sisters. The proceeding was under the law of 1835. (R. C. 1835, p. 426, \\ 37-8, and p. 456, §§…
1Opinion of the CourtBates, Judge
This is an action of ejectment for an undivided interest in a tract of land in the county of St. Charles. The plaintiff having made a prima facie case, the defendant in order to show title in himself gave in evidence a sheriff’s deed of the premises, made upon a sale under a judgment in partition to which the plaintiff was a party. The only questions presented are as to the validity of that judgment. Whatever error may have occurred in the course of the proceedings, if the judgment be valid, it is sufficient to support the deed. It is objected to the judgment that the plaintiff, who was then…
2Cited by3 opinions
- McIlwrath v. HollanderSupreme Court of Missouri · 1880
- Brawley v. RanneySupreme Court of Missouri · 1878
- Miller v. McCoySupreme Court of Missouri · 1872