Ritchie v. Sayers

Citations

• 100 F. 520
• 1900 U.S. App. LEXIS 5113

Syllabus

<p>1. ATTACHMENT — STATUTORY PROCEEDINGS.</p> <p>An attachment proceeding in a state court under the West Virginia law, when there is only constructive service of process by publication, and no appearance by the defendant, is strictly a statutory remedy, and in derogation of the rights of the party at common law; and in order to deprive a person of his common-law rights, and mate the judgment or decree rendered in such proceedings valid and binding, the requirements of the statute must be strictly complied with.</p> <p>2. Same — Sale or Realty — Bond—Want or Jurisdiction.</p> <p>Where the statute expressly provides “that no sale of real estate attached shall be made until the plaintiff, or some one for him, shall give bond with sufficient security, in such penalty as the court shall approve, with conditions,” etc. (Code W. Va. 1868, c. 106, § 23), a sale of real estate without such bond being given or required to be given will not only be made without authority from the statute, but against the express and positive command of it, and will confer no title upon the purchaser.</p> <p>3. Judgment — Collateral Attack.</p> <p>Although a court may have jurisdiction of a case, yet, if it appears from the record that it did not have jurisdiction to enter the decree and the particular judgment thereon that it did enter, then that decree and judg- , ment may be collaterally impeached.</p> <p>4 Notice to Purchasers.</p> <p>Persons claiming title under a purchaser whose title is derived from a decree entered by a court without jurisdiction to enter such a decree are affected with notice of such invalidity of title in their vendor, such invalidity appearing of record and in their chain of title, and such derivative purchasers are proper parties to a bill attacking the decree and the deed made under it.</p> <p>6. Void Tax Deeds.</p> <p>The decision of this court in De Forest v. Thompson, 40 Fed. 375, that a tax deed, made prior to the curative statute of 1882, under a sale in whic