Walker v. Sturbans

Citations

• 38 F. 298
• 1889 U.S. App. LEXIS 2131

Syllabus

<p>Judgment — Collateral Attack — Execution—Sale.</p> <p>Judgments were recovered against one seised of land in another county, and certified copies were filed in the clerk’s office of the county in which the land was situated, according to the provisions of Code Proc. Kan. § 419. On some of the judgments executions were issued from the court in which they were rendered, when plaintiff, alleging his judgment to be prior to the others, brought a suit in equity against the judgment debtor and the other holders of judgments to determine the priorities among them, praying also that the sheriff be directed to sell the land, and for general relief. Held, that a decree adjusting the priorities of the several liens, and directing an execution to issue for the sale of llie land, whether erroneous or not. was not void, though the section mentioned, after providing for the filing of transcripts of judgments in other counties than that of their recovery, prescribes that executions shall only issue from the courts in which they are rendered, the question of the propriety of such a judgment in that form of action being one of practice, and not one of power.</p>