Cooper v. Commonwealth Title of Arizona

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a judgment is under collateral attack when the primary purpose of an action is obtaining independent relief, and vacating or setting aside the judgment is only incidental to that purpose
• because judgment was void on its face for lack of jurisdiction, the court felt no need to address whether a subsequent purchaser obtained rights in the property
• judgment that is void on its face “may be attacked at any time, collaterally or otherwise”
• in independent declaratory judgment action filed by alleged owner of property that collaterally attacked a default judgment on foreclosure, all parties to former action must be before court
• “[F]or an independent action to constitute a direct attack upon a former judgment all parties to the former action must be before the court in the latter.”
• in independent declaratory judgment action filed by alleged owner of property that collaterally attacked a default judgment on foreclosure, all parties to former action must be before court

Source: CourtListener parenthetical corpus (CC0).