Indiana & Arkansas Lumber & Mfg. Co. v. Brinkley

Citations

• 164 F. 963
• 91 C.C.A. 91
• 1908 U.S. App. LEXIS 4702

Syllabus

<p>1. Judgment (§ 17*) —- Process to Sustain — Jurisdiction of Person — Warning Order to “Heirs of Deceased Person” Ineffectual to Acquire in Absence of Statute.</p> <p>A decree in a suit in personam against heirs of a deceased person without giving their names in the complaint or warning order is beyond .the jurisdiction of a court, and void in the absence of legislative authority for such a proceeding.</p> <p>[Ed. Note. — For other cases, see Judgment, Cent Dig. §§ 25, 31; Dec. Dig. § 17.*]</p> <p>2. Process (§ 100*) — Decree upon Constructive Seev íce Void nr Condition of Legislative Authority Not Fulfilled.</p> <p>Where a statute authorizes the issue and service, by publication, of a warning order to unknown heirs when the fact appears in the complaint that the names of such heirs are unknown to the plaintiff, an averment in ■ the complaint to that effect is indispensable to the validity of such an order and service, and a decree based upon them in its absence is without the jurisdiction of the court and void.</p> <p>[Ed. Note.. — For other cases, see Process, Cent. Dig. § 127; Dec. Dig. § 100.*]</p> <p>3. Judgment (§ 489*) — Collateral Attack Fatal Where Record Discloses Jurisdictional Defect.</p> <p>While the presumption of the jurisdiction of a court and of the regularity of the proceedings in a court of general jurisdiction protects its judgments from collateral attack, when the record is silent regarding alleged defects, there is no room for that presumption, it does not arise, and its judgment or decree is void upon collateral attack where the record itself discloses lack of jurisdiction.</p> <p>[11(1. Note. — For other cases, see Judgment, Cent. Dig. §§ 924, 925; Dec. Dig. § 489.*]</p> <p>4. Limitation of Actions (§ 19*) — Statute Protecting Purchasers at Ju-uicial Sales Ineffectual Where Court Had No Jurisdiction to Make Them.</p> <p>A statute which limits the time within which suits against purchasers at judicial sales to recover lands may be brought to