Void Execution Judicial And Probate Sales And the Legal And Equitable Rights O
Void Execution Judicial And Probate Sales And the Legal And Equitable Rights O
Zing20involuntary20sales20in20the20absence20
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45; s. C, 91 Am. Dec. (517; Corwiii v. Merritt, 3 Barb. 341; Monahau v. Vandyke, 27 111. 155; JIavens v. SIi. T- man 42 Barb. 636. Contra, by statute, Woods v. Monroe, 17 Midi. 215. * Havens v. Sherniau, 42 Barb. 636. 6 Gibson v. Roll, 30 111. 178; s. C, 83 Am. Dec. ISl. ' Yoemans v. Brown, 8 Met. 51. ay (4) § 20 VOID JUDICIAL SALES. a person actincr in one capacity seems not to affect him when claiming in another ca{)acity . Hence, a consent given by a woman as guardian of minors was held not ...to preju- dice her chiim as widow of the decedent.^ § 20. The Order of Sale and its Effect as an Adju- dication. — If, upon hearing of the petition, the court is satisfied that a proper case exists, it will enter an order or license for the sale of the land. If the court had juiisdic- tion, this order, until vacated or reversed, is binding upon all parties in interest. The purchaser under it is in no danger of losing his title by proof being made that the order was erroneously given. It cannot be collaterally attacked for error, fraud or irregularity, if the court had jurisdiction.^ When jurisdiction is once obtained over a proceeding, the decision of the court is always conclusive on the [)arties if it keeps within the limits of its jurisdic- tion, unless reversed upon appeal, or by some other })ro- ceeding sanctioned by law for the purpose of correcting errors of proceeding or decision.
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