Whitwell v. Barbier
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. This was an action instituted to recover possession of an undivided one-third of a certain lot of land in San Francisco. Both parties claim title under Louis Lacour; the plaintiff by a deed from Lacour made in 1855; the defendants, under a sheriff’s deed under a judgment obtained against Lacour in 1852—the sheriff’s sale taking place in that year.
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Appeal from the District Court of the Twelfth Judicial District. This was an action instituted to recover possession of an undivided one-third of a certain lot of land in San Francisco. Both parties claim title under Louis Lacour; the plaintiff by a deed from Lacour made in 1855; the defendants, under a sheriff’s deed under a judgment obtained against Lacour in 1852—the sheriff’s sale taking place in that year. The record shows that the judgment under which defendants claim, was obtained in the District Court of the Fourth Judicial District, in an action of P. Maury, Jr., v. L. Lacour, and…
1Opinion of the CourtMurray, C. J.
There can be no controversy upon the proposition that a personal judgment of a Court of general jurisdiction is invalid for the purpose of acquiring any rights under it, when it appears affirmatively on the face of the record, that the Court had acquired no jurisdiction over the person of the defendant.
There is, however, a very decided distinction between want of jurisdiction and irregularity in procuring jurisdiction. In the latter case some of the authorities speak of it as a want of jurisdiction, but when so employed it is a loose and improper use of the term.
*64In the one case the judgment…
2Cited by16 opinions
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