McMillan v. Reynolds
California Supreme Court
Appeal from the Twelfth District Court, County of San Francisco. This was a bill in equity to quiet title to a lot of land in the city of San Francisco. The facts are as follows : In 1854 the plaintiffs were possessed of a lot of land in the city of San Francisco, which they occupied as a homestead. In December of that year they executed a mortgage of the premises to Mills and Yantine, to secure a debt of the husband.
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Appeal from the Twelfth District Court, County of San Francisco. This was a bill in equity to quiet title to a lot of land in the city of San Francisco. The facts are as follows : In 1854 the plaintiffs were possessed of a lot of land in the city of San Francisco, which they occupied as a homestead. In December of that year they executed a mortgage of the premises to Mills and Yantine, to secure a debt of the husband. In April, 1858, Mills and Yantine, by the defendant in this action as their attorney, brought an action of foreclosure upon the mortgage against the present plaintiffs. In that…
1Opinion of the Court
1. The acts of a Court, though of general jurisdiction, are void unless it has jurisdiction of the person, and the record must show such jurisdiction. Farmers’ Loan and Trust Co. v. McKinney, 6 McLean, 1; Foster v. Glazner, 27 Ala. 391: Joyce v. Joyce, 5 Cal. 449; Sheldon v. Newton, 3 Ohio N. S. 494.
2. The return of service of process made .by a private person, must show that the provisions of the statute have been complied with, or the Court gains no jurisdiction of the person served. Our Practice Act, sec. 28, requires that a private individual serving process must be a white person,…
Also in this document: Concurrence.
2Cases cited5 opinions
- Hart v. SeixasNew York Supreme Court · 1839
- Foster v. GlazenerSupreme Court of Alabama · 1855
- Joyce v. JoyceCalifornia Supreme Court · 1855
- State v. WoodliefCalifornia Supreme Court · 1852
- Farmers' Loan & Trust Co. v. McKinneyU.S. Circuit Court for the District of Michigan · 1853
3Cited by12 opinions
- Heatherly v. HadleyOregon Supreme Court · 1869
- Moon v. RollinsCalifornia Supreme Court · 1868
- Sharp v. DaugneyCalifornia Supreme Court · 1867
- Steinbach v. LeeseCalifornia Supreme Court · 1865
- Linott v. RowlandCalifornia Supreme Court · 1897
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