Schott v. Linscott

Citations

• 80 Kan. 536
• 103 P. 997
• 1909 Kan. LEXIS 107

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Jurisdiction of Defendant Not Acquired — Validity. A personal judgment, rendered without legal notice to the defendant and without any appearance on his part, is rendered without jurisdiction and is consequently void.</p> <p>2. Judicial Sales — Execution—Void Judgment — Title of Purchaser. A sale of personal property, made under an execution issued upon a void judgment, conveys no title to the purchaser.</p> <p>3. - Failure of Defendant to Attend Sale and Warn Purchasers — Estoppel. The mere failure of an owner of personal property, which he knows has been advertised for sale at a certain time and place, to attend the sale and warn intending purchasers of his rights does not estop such owner from recovering from a purchaser at such sale the value of the property bid in thereat by the (.purchaser and converted to his own use, the sale being held without authority of law.</p>