Civil Procedure Keyed to Marcus
Pennoyer v. Neff
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Mitchell, a lawyer, sued Defendant, his client, in Oregon state court for unpaid legal fees. At the time Defendant was a non-resident of the state who was not personally served with process. Constructive service was issued upon Defendant by publication. Defendant did not come to court or otherwise resist the lawsuit, and default judgment was entered against him. After the default judgment, Defendant acquired 300 acres of land in Oregon. To satisfy his judgment against Defendant, Mitchell had the sheriff seize and sell Defendant’s land. The land was purchased by Plaintiff, who received a sheriff’s deed as evidence of title. The sheriff then turned the sale proceeds over to Mitchell. Shortly after the sheriff’s sale, Defendant discovered what had happened to his land and brought suit against Plaintiff to recover the land. This appeal followed after Defendant lost his suit against Plaintiff.
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Topic Resources
18m 35s