James v. Logan

Citations

• 82 Kan. 285
• 108 P. 81
• 1910 Kan. LEXIS 244

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Affidavits — Authentication—Jurat. The statutory certificate for the authentication of depositions can not be used on the ordinary affidavit, and the code of civil procedure prescribes no form of jurat to be appended to affidavits.</p> <p>2. -Extrinsic Evidence that Oath Was Administered,. If a declaration has in fact been made under oath it is an affidavit, although no jurat be attached. The jurat is merely evidence that an oath was duly administered, and in the absence of a jurat the fact may be proved by evidence aliunde.</p> <p>3.'-Attachment — Jurat. The evidence in this case examined and held sufficient to show that a written declaration used as an attachment affidavit was in fact made under oath, although no jurat appears.</p> <p>4. Judgments — Validity—Collateral Attack. When a paper purporting to be an affidavit has been approved by the court as such, and has been made the basis of judicial action as if it were duly authenticated, the omission of a jurat is a mere irregularity which will not expose the proceeding to collateral attack.</p> <p>5. Limitation of Actions — Recovery of Real Property Sold on Execution. The five-year statute of limitations against actions for the recovery of real property sold on execution brought by the execution debtor, his heirs or any person claiming under him, by title acquired after the date of the judgment, applies to all sales, void and voidable alike.</p>