collateral attack on judicial sale
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 59 U.S. 137 - Robert Parker and Miles White v. William Overman · 1855Most cited · 110 citing opinions
In judicial sales under the process of a court of general jurisdiction, where the owner of the property is a party to the proceedings, and has an opportunity of contesting their regularity at every step, such objections cannot be heard to invalidate or annul the deed in a collateral suit. But one who claims title to the property of another under summary proceedings where a special power has been executed, as in case of lands sold for taxes, is bound to show every fact necessary to give jurisdiction and authority to the officer, and a strict compliance with all things required by the statute.