Stewart v. Kellough

Citations

• 104 Ohio St. (N.S.) 347

Syllabus

<p>Judgments — Vacating after term — Section SI, General Code— Proceedings by 'persons under disability — Section 11641, General Code — Title to realty unaffected, when — Section 1163S, General Code — Judgment in will-contest — Purchaser of property protected, when — Rule of Us pendens inapplicable, when —Infant represented by guardian ad litem — Torrens law.</p> <p>1. Sections 11631 to 11641, General Code, authorizing the vacation of judgments after term, are in pari materia; a party seeking the favor of Section 11631, General Code, can not ignore the limitation thereon imposed by Section 11633, General Code, which provides that title to property acquired by a purchaser in good faith in consequence of the judgment sought to be vacated “shall not be affected” by such ■proceedings to vacate.</p> <p>2. The will-contest proceedings in the instant case involved the title to property acquired by the purchaser, and if the property was purchased in good faith, in consequence of the judgment setting aside the will, the purchaser’s title is protected against a party thereafter seeking the vacation of such judgment under favor of Section 11631, General Code. The rule of lis pendens does not extend that maxim so, as to include the time pending which such vacation may be sought, even though the party seeking the vacation be an infant.</p>