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Civil Procedure Keyed to Field
Pennoyer v. Neff
Citation:
95 U.S. 714 (1878).
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Lawsuit #1: Neff bought land in Oregon before moving out of state. While in Oregon, he worked with an attorney, Mitchell. In a separate lawsuit, Mitchell sued Neff in Oregon state court for unpaid legal fees. Service in that case was done by publication in an Oregon newspaper while Neff was not in the state. The service did not mention Neff’s property. A default judgment was entered against Neff for the legal fees, and to get the money Mitchell went after Neff’s property by a writ of execution and bought it himself at the execution sale. Mitchell then sold the land to Pennoyer.
Lawsuit #2: Neff (Plaintiff) sued Pennoyer (Defendant) in Oregon federal court to have Pennoyer removed from the land. Neff argued that Pennoyer’s title to the land was not valid since the state court in lawsuit #1 did not have proper jurisdiction over him or his property. Pennoyer argued his title was validly obtained following the results of lawsuit #1.
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