Void Judicial And Execution Sales And the Rights Remedies And Liabilities of P
Void Judicial And Execution Sales And the Rights Remedies And Liabilities of P
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St. Rep. 80; Adams v. Cowles, 95 Mo. 501 — S S. W. Rep. 711 — 6 Am. St. Rep. 74; McLaughlin v. McCrary, £5 Ark. 442 — 18 S. W. Rep. 762; Dillon v. Hiller, 39 Kan. 599 — 18 Pac. Rep. 693; Land & Water Co. V. Boskin. 43 Fed. Rep. 323; Bridge Co. V. Packing Co. , 46 led. Rep. 584; Morris v. Graham, 51 Fed. Rep. 53. ) In Iowa it was held that notwithstanding the debtor's lands were properly attached and due service was made by publication, if a personal judgment is rendered against him and the atta...ched lands sold under execution, the sale of the lands is illegal and void, and the title deraigned through such proceeding is a nullity. (Cassidy v. Woodward, 77 Iowa, 354 — 42 N. W. Rep. 319. ) Amendment of Complaint. § 109. Where jurisdiction is acquired solely by the seizure or attachment of the defendant's property located within the CONSTRUCTIVE SERVICE OF PROCESS OR NOI I 123 territorial jurisdiction of the court followed by a valid publi- cation of notice, the plaintiff is restricted to the cause of action set out in his complaint, and on the plainest of prin- ciples can not enlarge his original cause of action against the defendant, bv an amendment, wh
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