Allen v. Dicken

Mississippi Supreme Court October 15, 1885

Allen v. Dicken, 63 Miss. 91 (Miss. 1885)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

That the deed of trust is void for uncertainty in the description of the property is settled by several adjudications of this court.

However logical it may be to argue that service of process not made as directed by law is not sufficient to authorize a judgment against the party thus served, and that a judgment on such illegal service of process is a nullity, it is many years too late to urge the argument, because it has been so often held in this State and else*94where that a judgment in such case is not void, but only voidable on appeal, and that this is the only mode-of assailment, that it would be revolutionary to disturb the established doctrine.

Affirmed.

Reference

Full Case Name: James P. Allen, Trustee v. E. Dicken
Cited By: 9 cases
Status: Published
Syllabus: 1. Deed op Trust. Description of property. Case in judgment. A deed of trust, in which the property is described as “ being in Attala County, Mississippi, and described as follows : One boiler and engine and saw-mill, one log-cart, one cut-off saw, one gummer, and tools, belonging to the mill,” is void for uncertainty. 2. Judgment. On defective service of summons. Whether void or voidable. A judgment founded on a return which shows a defective service of the summons is voidable, but not void, and can only be assailed on appeal.