Johnson v. Carson
Johnson v. Carson
Opinion of the Court
Opinion by
This was an action of ejectment commenced by L. E. Johnson against A. Stebbins for the possession of a lot in Keokuk, Lee county. On motion of plaintiff, H. Carson was substituted as defendant. Plea, general issue. Trial by jury. Yerdict and judgment for plaintiff.
On the trial, plaintiff gave in evidence 'the judgment of partition of the Half Breed lands in Lee county, and also an execution and sheriff’s deed, showing title in himito the land in qnestion..
The defendant then offered to prove that the appraisement was made without the appraisers having seen the land, and without leaving their room, and also offered to prove that the defendants in execution were minors when the judgment was rendered against them. .But the court sustained the objection made to defendant’s evidence, and therefore they bring the case to this court,
1. TEovdd the evidence offered in relation to the appraiser ment invalidate the pale? The valuation law directs the appraisement “upon actual view of the premises forthwith after such view.” Bev, Stat., 630, § 3. It is claimed that this actual view was essential to the validity of the sale. This would be true if suclf actual view cquld be considered an element of power, or one of those essential
As decided by this court in Sprott v. Reid
The record in the case shows conclusively that there was a valid judgment, execution, levy and sale, under appraisement. These were all the purchaser needed at law to justify and confirm his title ; consequently proof of irregularity in those objects themselves, would not be competent to impair or invalidate his title. Humphreys v. Beeson, 1 G. Greene, 199; Hopping v. Burnam, 2 ib., 39; Corriell v. Doolittle, ib., 385; Voorhes v. U. S. Bank, 10 Peters, 449.
When, as in this case, a judicial sale appears to have, been regularly conducted, by virtue of a judgment rem dered final and conclusive, the rights of a Iona fide purchaser cannot be' affected by any evidence of error or irregularity in the judgment. This could not be done by a party directly affected by such error or irregularity, andlf a fortiori it cannot be done by one who is no way a party to the record. Armstrong v. Jackson, 1 Black., 210; Thompson v. Tohnie, 2 Pet., 157; Ashley v. Abney, 1 Hill, S. C., 380; Giles v. Pratt, ib., 239; 2 Howard, U. S., 319.
It is conceded, by counsel for plaintiff in error, that if the execution defendants were.minors the judgment of partition would only be erroneous, and as the error was not taken to the supreme court for correction within the time limited by law, that judgment is now final and conclusive. But it is claimed that the judgment for costs against minors is absolutely void. Clearly, if the principal judgment i$
We conclude that the court was fully warranted in excluding the extrinsic proof offered by the defendants below.
Judgment affirmed.
Ante p.,489.
Sprott v. Reid—ante pp. 489-191.
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