The Western Jurist Volume 1

The Western Jurist Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ...some time subsequent to the garnishment, an indebtedness on his part to the laborer for more than ninety days labor.--Id. 3. Exemption laws will be liberally construed in order to carry out their object.--1d. 1. Guard1Ian'.uale.-statute.--Sec. 1508, Code of 1851. (Rev. Section 2560, ) which provides that no person can question the validity of a guardian's sale of real estate after the lapse of tlve years from the time it was made, has no application to cases of appeal, writs of error, or other process bringing up the matter for review before an appellate court. Parsley et at v. Hays et al, April, 1867. 2. I/imitation of attack.--N0r was this provision of the statute intended to cover sales made by a person having no semblance of authority, or where the County Court had no jurisdiction of the parties or subject matter and no possession was taken by the purchaser: and in such cases the heir would not be cstopped by the statute from questioning the validity of the sale though after the expiration of five years.--Id. 3. Jurisdiction: collateral attack.---Objections that are not jurisdictional in their character, but relate rather to the regularity of the proceedings, can not avail to invalidate a title derived through a guardian's sale, when raised in a collateral proceeding; especially when made, for the first time, after flve years from the date of the sale, and when the purchaser took and held possession thereunder.---Id. 4. Bond: approval.--A guardian's bond made payable to the county instead of to the parties interested, is not thereby vitiated, but enures to the benefit oi' the latter, and suit may be brought thereon in the name of any one thus secured who has sustained any injury by abreach thereof. Code...show more

Product details

  • Paperback | 172 pages
  • 189 x 246 x 9mm | 318g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236903978
  • 9781236903976