98 Ga. 479 | Ga. | 1896
The plaintiffs in error brought an action of- complaint for land against the defendants in error, who were in possession. Upon the trial they introduced in evidence a grant from the State to Amos Williams, a deed from Williams, to one Harris, a deed from Underwood, administrator of Harris, to Long and Richards, and a deed from Richards to Stewart and Long. One of the defenses relied on by the defendants’ was, that the deed from Underwood, as administrator of Harris, to Long and Richards, was illegal and void, because the administration on the estate of Harris in
It was insisted in the argument here, that the last judgment of the court of ordinary was void for two> reasons: (1) that the defendants had no right to move to set aside the judgment, because they were not parties thereto and there was no privity between them and the deceased or the administrator or any one claiming under them; and (2) be
But it was argued that under section 2914(a) of the code, which declares that “all proceedings of every kind in any court of this State; to set aside judgments or decrees of the courts, must be made within three years from the rendering of said judgments or decrees,” the proceeding in the court of ordinary to set aside the judgment in question was too late, and the judgment setting the same aside was therefore void. This section of the code does not deprive a court of jurisdiction to set aside judgments, but is simply a statute of limitations. This being so, the plaintiffs, having been duly served with notice of the proceeding, ought to have appeared in that court and objected, if they desired to avail themselves of the fact that the proceeding was not instituted in time. Having failed to do this, and the judgment rendered therein not being excepted to or reversed, it was binding upon them. The ordinary had jurisdiction of the subject-matter and the parties, and a judgment unreversed would bind all the parties who were before him, although the period of limitation prescribed by this section of the code
The judgment appointing Underwood administrator having been set aside as void, the deed made by him as administrator was also void. “A void judgment is, in legal effect, no judgment. By it no rights are divested; from it no-rights can be obtained. Being worthless in itself, all proceedings founded upon it are- equally worthless. It neither binds nor bars any one. All acts- performed under it and. all claims flowing out of it are void.” Freeman on Judgments, §117.
The plaintiffs’ right to- recover depending upon the deed in question, they failed to- make out a case entitling them to recover, and there was no error in directing a verdict for the defendants. Judgment affirmed.