Swiggart v. Harber

Citations

• 5 Scam. 363

Syllabus

<p>Error to St Clair.</p> <p>1. Ejectment — onus on plaintiff. Where a person claims title to land, by matter in pais, he must show every step required by law, for the establishment of such title, to have been regularly taken.</p> <p>2. Judgment — stranger not avail of error not voiding. Although a judgment may have been erroneous, and an execution issued thereon so irregular that it would have been quashed, if a motion had been made by the defendant therein, yet neither of them can be collaterally enquired into and declared invalid, at the instance of a stranger, unless they were not only voidable, but absolutely void.</p> <p>3. Same — condusive until reversed etc. Where the court has jurisdiction of the person of the defendant, and the su’-ject matter of the suit, whether its decisions are correct are not, its judgment until reversed, is binding in every other court; but where there is a total want of jurisdiction in the court, its proceedings are an absolute nullity; they confer no right, and afford no protection to those claiming or acting under them, and should be pronounced void, when collaterally drawn m question.</p> <p>4. Instance. In an action of ejectment brought by A against B, both claimed title under one C who had mortgaged the premises to the old State Bank of Illinois, which mortgage was foreclosed in a suit by scire facias, instituted against C, in his lifetime, and after his death, revived and prosecuted to final judgment against his administrator D. This judgment was rendered by default, against D, the administrator, August II, 1827, for §>807 12, “the debt in the scire facias mentioned,” and directed “ that they (the said plaintiffs therein) have execution according to the form of the statute of this state,” A special writ of fieri facias issued on said judgment against the said mortgaged premises, dated 7th January, 1828, directed to the coroner of the county for execution, reciting the judgment rendered against the said administrator, as having