Crouch

Crouch v. Shafer

Good Law
177 Cal. 154·1917 Cal. LEXIS 464·169 P. 1019
Supreme Court of CaliforniaDecember 31, 1917L. A. No. 3960.California1,291 words

Opinion

Lead Opinion

Henshaw, J.

Defendant Shafer held the record title to the real property, ownership of which is here in controversy. Plaintiffs’ title rests upon a sheriff’s deed made after foreclosure of the lien of a street assessment upon this property, in which action the predecessor in interest of defendant Shafer was impleaded and served as a party defendant, suffered default and an adverse judgment. Defendants Campbell and Smith deraign title through a tax deed from the state antedating the lien of the street assessment.

Appellant Shafer’s contentions may be disposed of with brevity. His attack upon plaintiff’s title, in which he is joined by his fellow defendants, amounts to but a collateral attack upon a judgment rendered by a court having jurisdiction of the person of the defendant and the subject matter of the action. The judgment is neither void nor invalid upon its face, and such a collateral attack will not be listened to. (Wood v. Jordan, 125 Cal. 261 , [ 57 Pac. 997 ]; Brush v. Smith, 141 Cal. 466 , [ 75 Pac. 55 ]; Emery v. Kipp, 154 Cal. 83 , [ 129 Am. St. Rep. 141 , 16 Ann. Cas. 792, 19 L. R. A. (N. S.) 983, 97 Pac. 17 ]; Crouch v. Miller, 169 Cal. 341 , [ 146 Pac. 880 ].)

As between…

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