Hankins v. Smarr

This is an action in equity to set aside, as a cloud on title, a sheriff's general execution deed, conveying real estate in Taney County, on the ground that the judgment, upon which the execution was issued, was absolutely void. The trial court found in favor of plaintiff and entered a decree of cancellation, from which defendants have appealed.

The decisive question is whether the judgment, obtained by defendants in Boone County, against plaintiff and R.A. Hankins, her husband, was wholly void for lack of jurisdiction over the defendants, and therefore subject to collateral attack in the…