Collier v. Forman

(After stating the foregoing facts.) We are of the opinion that the court properly decided the case and adjudged the land to be subject. It is insisted by plaintiff in error, that the court from which the fi. fa. issued did not get jurisdiction of the defendant in fi. fa. in this case, so as to affect the rights of the claimant; that while a waiver upon the part of Waddell might estop him from asserting the invalidity of the fi. fa., it could not estop this claimant. And in support of this contention section 5663 of the Civil Code is appealed to. That section reads as follows: “Parties, by…