11 Or. 127 | Or. | 1883
By the Court,
The respondents brought this suit to quiet their title- to certain real property situated in Polk county. They allege both title and possession in themselves; and that Beeler, for whom the appellant Sears was substituted, procured an execution to be issued upon a judgment recovered by him against David and Ellen Roher, in the circuit court of said
The appellants filed a general demurrer to-the complaint, which being overruled, they refused to answer over, and a decree was rendered against them as prayed for in the complaint. The appeal is from this decree. It is needless to consider thé allegations in the complaint designed to show want of jurisdiction in the court at the time the judgment against David and Ellen Roher was rendered. There is nothing in the complaint to show any connection between either David or Ellen Roher and the title and possession of the respondents. "Whether that judgment should be held valid or void, cannot, upon such a state of facts, make the least possible differen'ce to them. The judgment itself cannot be considered as a cloud on their title, in any vieW, since it does not appear that their title is derived from or through either of the defendants therein. The
We think, therefore, the court below did not err in overruling the demurrer. The decree perpetually enjoining the sale of .the property under the judgment against David and Ellen Hoher was also correct, but we do not think the court had jurisdiction in this suit to declare the judgment a nullity. So much of the decree must therefore be vacated; the decree of perpetual injunction is sustained. And the decree, as thus modified, will be affirmed with costs.