delivered the opinion of the court.
On the 28th of August, 1865, the appellants sued out of the District Court of Arapaho County, Col., a writ of attachment against the property of Judson H. Dudley and Thomas P. Ames, for the sum of $2,591.44. The indebtedness was stated in- the affidavit to be upon an account fоr goods’ sold and delivered. On the same day, the writ was served by attaching the real estate in controversy. A declaration was duly filed. The damages were laid at $3,000. On the 27th of January, 1865, judgment was rendered for $2,591.44, and costs. This judgment was reversed by the Supreme Court of the Territory on the 10th *164 of February,'1868.' On the 9th of March, 1867, Dudley, by Charles G. Cheeyer, his attorney,’ conveyed a large amount of property, including all that attached under the writ of appeh lants, to David Moffit, except two lоts, which Dudley himself conveyed to the Hallecks. The other appellees derive their title from Moffit. The power' of attorney to Cheever was so far defective, that only an equity was vested in Moffit, and nothing more passed to those holding under him. On the 12th of September, 1868, the Tiltons, by leave of the court, filed in the attachment suit an amended affidavit and declaration, whereby were included, as a demand in favor of the plaintiffs, a promissory note executed tо them by Dudley and Ames, dated Sept. 19, 1864, for $2,592.90, and bearing interest at ;the rate •of two per cent per month, until paid. This note was given to balance the account set forth in the prior proceedings, and represented the same debt. On the 1st of November,' 1869, judgment was rendered against Dudley by confession for $5,652.80, and an order was made for the sale of the property attached. Pursuant to this order, the sheriff sold the attached property at public vendue to the аppellants for the sum of $6,845.25, and on the 13th of December, 1871, executed a deed to them.
The appellees filed a bill and supplemental bill, seeking to vacate the sale and annul the conveyance by the sheriff. The court decreed that the order of sale and the proceedings thereon touching the premises were nullities ; that the sheriff’s deed to the appellants was void; that the property should be for ever discharged from the lien of the judgment; and that the Tiltons should be perpetually enjoined from intermeddling with or selling it.
The record discloses no ground for any imputation of fraud against the appellants. The .good faith of the account, the validity of the note, and the propriety of the amount for which the judgment was recovered, as between the parties to attachment proceedings, are not controverted. The original demand was an honest one, arising in the regular course of commercial dealings. The appellants are bona fide creditors, and have simply pursued the appropriate means for the collection of what was owing-to them. Fraud is not an element in the contro *165 versy. The case requirеs no further consideration in this-aspect.
Nor is it denied that the court by which the judgment' in the attachment was rendered had full jurisdiction.
In
Voorhes
v.
The Bank of the United States,
The court there being competent to take jurisdiction, and having acquired jurisdiction by the seizure of the property,'this court held that all its acts and orders made during the progress of the case were beyond the reach of collateral inquiry, and could be assailed only in a direct proceeding had for that purpose before a competent tribunal.
In
Grrignon's Lessee
v.
Astor,
“_The granting the license to sell is an adjudication upon all thе facts- necessary to give jurisdiction, and, whether they existed or not, is wholly immaterial, if no appeal is taken. The rule is the same, whether the law gives an appeal or not. If none is given from the decree, it is conclusive on all whom it concerns. ... A .purchaser under it is not bound to look beyond the decree. If there is error iü it of the most palpable kind; if the court which rendered it have, in the exercise of jurisdiction, disregarded, misconstrued, or disobeyed -the рlain provisions of the law which gave *166 them the power to hear and determine the case before, them, — the title of the purchaser is as much protected as if the adjudication would stand the test of a writ of error.”
The lines whiсh separate what is void from what is erroneous is clearly drawn in the former ease.
The eighth section of the local statute under which the appellants’ suit was instituted, declares, —
“No writ of attachment shall be quashed nor the proj>ertytaken th’ereon restored, any garnishee disсharged, nor any bond by him given cancelled, nor any rule entered against the sheriff discharged on account of any insufficiency of the original affidavit, writ of attachment, or attachment bond, if ‘the plaintiff, or some credible person for hipi, shall cause a legal and sufficient affidavit or attachment bond to be filed or the writ to be amended in such time or manner as the court in their discretion shall direct; and in that case the cause shall proceed as if suсh proceedings had been originally sufficient.”
The amendments here in question were all within the equity, if not the letter, of this section. The act provides for the amendment of the writ. No such amendment was made. The grasp of the process was confined to the property originally attached. No attempt was made to reach any other. The description of the cause of action was changed, but in the view of equity, and in point of fact, it was substantially the same with that originally described. Allowing amendments is incidental to the exercise of all judicial power, and is indispensable to the ends of justice, Usually, to permit or refuse, rests in the discretion of the court; and the result in either case is nоt assignable for error. This subject was fully examined in
Tiernan’s Executors
v.
Woodruff,
*167
Where no local statute or rule of local law is involved, the power to amend is the same in attachment suits as in others. Cases of this kind, too numerous to be cited, may be found, in which amendments in the most imрortant particulars were permitted to be made. We refer to some of these adjudications:
McKnight
v. Strong,
If the amendments objected to' by the appellees were improperly allowed, it was at most only an error, and in no wisе affected the judgment while unreversed, or the validity óf the order of sale, or of the sale and conveyance made under them, to the appellants. They have a perfect legal title, unless it is overcome by the case made in the record by the complainants.
We have already held that there was no fraud on the part of the Tiltons. A case more free from that vice can hardly be imagined. This takes away the jurisdictional foundation of the complainants’ case. In the absence of fraud, a court of equity .cannot collaterally question the conclusiveness of a judgment at law.
Nor can a court of equity turn itself into a court of review, and correct the errors of a court of law. This is alien to its jurisdiction,.and beyond'the sphere of its power and duties.
Cameron
v.
Bell,
The decree below in this respect involved a usurpation and-the invasion of a domain, upon which the сourt had no right to enter. There being no fraud, neither the judgment nor any thing which preceded or followed it could be properly made the subject of review by that tribunal.
The authorities to which we have referred are conclusive uрon the subject.
There is another objection to the case of the appellees, which must not be overlooked. They are not subsequent attaching creditors, nor creditors at all; they are purchasers
lite pendente.
The law is, that hе who intermeddles with property in litigation does it at his peril, and is as conclusively bound by the results of the litigation, whatever they may be, as if he had been a party to it from the outset.
Inloe’s Lessee
v. Harvey,
In some óf the States, peculiar systems of jurisprudence, with respect to suits in attachment, have grown up, and every thing in that connection is held to be stricti juris. In other States, more liberal rules prevail. .We do not mean to contravene the *169 former. In cases arising in such States, we should be bound to apply the local law. In the Territory where this controversy arose, it does not appear that any system touching the subject is yet established. We have, therefore, felt at liberty to apply general principles to the case in hand.
Decree reversed, and case remanded with directions to dismiss the HU.