McGehee v. Wilkins

Citations

• 31 Fla. 83

Syllabus

<p>1. Before a sheriff’s deed is admissible in evidence for the purpose of proving title thereunder, a valid judgment and execution must be shown.</p> <p>2. Where the defendant was not actually or by legal construction before the court rendering the judgment, it was coram non judice, and the judgment is void and may be assailed collaterally.</p> <p>‘3. Where a judgment is rendered by a court of limited powers and jurisdiction it must affirmatively appear from the record that the court had jurisdiction of the person and the subject-matter.</p> <p>4. Under Chapter 3040 of Laws (acts of 1875) an attachment issued from the court of a justice of the peace could not legally be ' levied upon real estate, and where so levied and the defendant was not personally served with summons and did not appear, the justice acquired no jurisdiction of the defendant.</p>