Civil Procedure Keyed to Friedenthal
Pennoyer v. Neff
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Default judgment was rendered against Plaintiff Neff, a non-resident of Oregon who was not present in that state, in Oregon state court. Plaintiff was not a resident of Oregon and was not personally served with process. Notice was instead attempted through publication alone. Plaintiff’s Oregon property was levied in order to satisfy the judgment and subsequently sold to Defendant, Pennoyer, at a sheriff’s auction. Plaintiff sued Defendant in order to recover the tract of land, claiming the state court did not have jurisdiction to bind Plaintiff to the judgment in the previous action. Defendant claimed to acquire property from sheriff’s deed at an auction. Plaintiff sued Defendant to recover possession of the land. The trial court found in favor of Plaintiff because the affidavit by which Defendant attempted to prove publication was defective. Defendant appealed.
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18m 35s