McCoy v. Morrison
Before: McKee
Synopsis
Tax Suit—Proof of Service of Summons—Recitals in Judgment—Jurisdiction.—Ejectment. Plaintiff deraigned title under a judgment entered July 13 1871, in an action for taxes against certain unknown defendants, sued by fictitious names, and the land in controversy; which recited, that “all owners and claimants of the property had been duly summoned to answer the complaint, and had made default. ” Judgment for the plaintiff and order denying a new trial affirmed, on the authority of Truman v. Robinson, 44 Cal. 623, and Branson v. Caruthers, 49 id. 374. McKee, J., dissents.
Opinion
The Court : Upon the authority of Truman v. Robinson, 44 Cal. 623, and Branson v. Caruthers, 49 id. 374, the judgment and order are affirmed.
Dissent — McKee
McKee, J., dissenting: I dissent: In my judgment the case in hand does not belong to the class of cases covered by Truman v. Robinson and Branson v. Caruthers.
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