Legal Opinion

Higgins v. Peltzer

Supreme Court of Missouri

Decided October 15, 1871PublishedCited by 17 opinions

Appeal from St. Louis Circuit Court. I. The purchaser of land at a sheriff’s sale under an execution is not bound to examine into the regularity of the proceedings by which the execution was obtained.

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Appeal from St. Louis Circuit Court. I. The purchaser of land at a sheriff’s sale under an execution is not bound to examine into the regularity of the proceedings by which the execution was obtained. (Henry v. Eerguson, 1 Bailey, 512; Barldey v. Screven, 1 N & Me. 408 ; Thompson v. Tolmie, 2 Pet. 157; Yance v. Reardon, 2 N. & Me. 299; Giles v. Pratt, 1 Hill, S. C., 240.) In determining the jurisdiction of a court, the question whether or not the judgment be conformable to the law is wholly unnecessary for determination. If the court have no jurisdiction its judgment is equally void, whether…

1Opinion of the CourtWagner, Judge

The only question presented by the record in this case is whether the judgment rendered in the St. Louis Law Commissioners’ Court was merely voidable or absolutely void. If only voidable, it cannot be impeached collaterally, and it must stand and the rights acquired thereunder 'be protected till proper proceedings be had setting it aside, vacating it, or reversing it for error; for it is a familiar principle that the judgment or decree of a court of competent jurisdiction cannot be reversed or inquired into in a collateral proceeding, except for fraud. Nor, standing on the public records, can…

2Cases cited3 opinions

  1. Fithian v. MonksSupreme Court of Missouri · 1869
  2. Bauer v. BauerSupreme Court of Missouri · 1867
  3. Watkins v. . AbrahamsNew York Court of Appeals · 1861

3Cited by17 opinions

  1. Coe v. RitterSupreme Court of Missouri · 1885
  2. Napton v. LeatonSupreme Court of Missouri · 1879
  3. Musick v. DodsonSupreme Court of Missouri · 1882
  4. Green v. . BallardSupreme Court of North Carolina · 1895
  5. Merrill v. City of St. LouisMissouri Court of Appeals · 1882

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