148 Mo. 43 | Mo. | 1899
This is an action in ejectment to recover possession of the southeast quarter of the southeast quarter of section 31, and the west half of the southwest quarter of section 32, township 67, range 12, in Scotland county, in which a judgment for the one undivided tenth of
“Scotland County Circuit Court.
“August Term, 1888.
“Monday, August 20, 1888.
“Thomas "Whitworth, Elizabeth Whitworth,
John Hinkle, Snsan Hankie and Mary A.
Johnson, plaintiffs against Hester Leman, defendant.
“Now at this day this cause coming on for trial, and tbe plaintiffs appearing neither in person nor by attorney, it is ordered and adjudged by tbe court that this cause be dismissed*46 and that the plaintiff pay tbe costs of this action and that execution issue therefor.”
I. The defendant contends that although the said Susan Hinkle was' a married woman at the time the suit in which the aforesaid judgment was rendered was instituted, and remained covert dxiring the pendency thereof until she died, and was dead when the judgment was rendered, yet the judgment against her was not void, and that her title to an undivided tenth of the said west half of southwest quarter of section 32 passed by the sale and deed aforesaid thereunder, and the judgment as to the same ought to have been in his favor.
“As to the validity of a judgment rendered for ..or against a party after his death, the authorities seem to be hopelessly irreconcilable. Thus, according to numerous decisions, such judgments are utterly void, and may be collaterally attacked. The decided weight of authority, however, seems to be that if a court of general jurisdiction, or a court which has acquired full jurisdiction over the cause and over the parties, renders a judgment for or against a party after his death, the judgment is not for that reason void. Such a judgment, while erroneous and voidable when properly assailed in a direct proceeding for that purpose, is valid until reversed by some appropriate proceeding, and may. not be collaterally attacked.” [11 Ency. Plead, and Prac., 843 et seq.; 1 Black on Judg., sec. 200; 1 Freeman on Judg., sec. 153; Yanfleet on Collateral Attack, sec. 602.] In the section cited Mr. Freeman says: “The decisions respecting the effect of’ judgments for or against persons who were not living at the time of their rendition, are conflicting and unreasonable. Some of them apparently affirm that a judgment so rendered is void under all circumstances, and others that it is valid under all circumstances, because its rendition implies that the parties for and againstwhomit was given were then living, and that to show that either was then dead is to dispute the verity of the
Tbe only ground for tbe distinction in these cases, and for bolding that a judgment against a dead person is valid in any case, is that tbe judgment, having been rendered by a court having full jurisdiction to render tbe judgment in question, can not be impeached by showing that tbe party was dead at tbe time tbe judgment was rendered. Both classes of judgments are afflicted with tbe same infirmity, the only difference is that in one case it can be shown to defeat tbe judgment, and tbe other it can not. Tbe only thing that saves tbe one class from a fate that otherwise would be common to both, is a rule of evidence, but can that rule of evidence be invoked in a case where no evidence is required, and which is submitted on an agreed statement of facts, in which it is agreed that tbe party against whom tbe judgment was rendered was dead at tbe time it was rendered ? It is well settled law in this State, that an agreed ease stands upon tbe same footing as special verdict. By it tbe issues are settled, tbe evidence passed upon, and tbe court pronounces tbe conclusions of law on it, precisely as if tbe jury bad found a verdict in that form. [Munford v. Wilson, 15 Mo. 540; Gage v. Gates, 62 Mo 412; Carr v. Lewis Coal Co., 96 Mo. 149; St. Charles v. Hackman, 133 Mo. 634.] In such case tbe parties “are estopped from denying tbe truth, competency or sufficiency of any admission contained therein.” [1 Ency. of Plead, and Prac., 390.] How, then, can that rule of evidence be invoked to protect this judgment ? It is not necessary, however, that a , categorical answer to that question should be returned in this case for Susan ITinkle was not only dead when tbe judgment was rendered against her, but she was covert when tbe suit was instituted, and so remained during its pendency until she died, and although she may have been a proper party to that suit in respect of tbe land sought to be divided, tbe court bad no power to render a personal judgment thereon against her
The judgment of the circuit court is affirmed.