Civil Procedure Keyed to Field
Marshall v. Lockhead
A district court in Texas entered an order in May of 1945, authorizing the sale of Plaintiff’s land in order to satisfy unpaid taxes. Plaintiff did not enter an appearance in the action. After the land was sold, the tax debt was paid and the remainder of the proceeds was paid to Plaintiff. Plaintiff then sued in a different district court, seeking to set aside the judgment on the basis that the first court had lacked personal jurisdiction over him because he had never been served with process in that action. The second court refused to set aside the judgment. Plaintiff appealed.
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