judgment in rem

A judgment in rem affects the interests of all persons in designated property.

An adjudication pronounced upon the status of some particular subject-matter by a tribunal having competent authority for that purpose. 3 Sm. L. Cas., 9th Am. ed. 2015. An adjudication against some person or thing, or upon the status of some subject-matter; which, wherever and whenever binding upon any person, is equally binding upon all persons. Bartero v. Bank, 10 Mo. App. 78. The universal effect of a judgment in rem depends upon the principle that it is a solemn declaration, proceeding from an accredited quarter, concerning the status of the thing adjudicated upon; which very declaration operates accordingly upon the status of the thing adjudicated upon, and ipso facto, renders it such as it is thereby declared to be; 3 Sm. L. Cas., 9th Am. ed. 2015-16, 2032, 2043. The most frequent cases of such judgment are found in the courts exercising jurisdiction of cases in admiralty. So also a foreign court in a case of divorce which is recognized as establishing the status of a person is a judgment in rem. In Pennoyer v. Neff, the court said: "It is true that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its object the disposition of property, without reference to the title of individual claimants; but, in a larger and more general sense, the terms are applied to actions between parties, where the direct object is to reach and dispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, or enforce a lien. So far as they affect property in this state, they are substantially proceedings in rem in the broader sense which we have mentioned." 95 U. S. 734, 24 L. Ed. 565. A judgment against a railway company in favor of an assignee of claims for labor performed for a subcontractor, which forecloses a statutory lien on the property of the company for debt, and orders a sale of the property, cannot be construed as a judgment in personam; Austin & N. W. R. Co. v. Rucker, 59 Tex. 587. See In Rem.

A judgment in vem is an adjudication, pronounced upen the status of some particular subject-matter, ee personam, in this: that the latter judgment. is in form, as well as substance, between the parties claiming the right; and that it is so inter partes appears by the record itself. 1b is binding only upon the parties appearing to be such by the record, and those claiming by them. A judgment tn'rem is founded on & proceeding instituted, not against the person, a8 such, but against or upon the thing or subject-matter itself, whose state or condition is to be determined, It is a proceedue ing todetermine the state or condition of the thing itself; and the judgment is a solemn declaration upon the siatus of the thing, and it ipso facto renders it what it declares it to be. 2 Vt. 73. Various definitions have been given of a judg ment in rem, Dut all are criticised as either in complete or coimprehending too much. Itis gen erally said to be uw judgment declaratory of the siatus of some subject-matter, whether this bea person or a thing. Thus, the probate of a will fixes the status of the document asa will, Tho personal rights and interests which follow ara mere incidental results of the status or character of the paper, and do not appear on the face of the judginent. So, a decree establishing or dissolving a marriage is a judgmeut in rem, because it fixes the stutusof the peraon. Ajudgment of forfeiture, by the proper tribunal, against specific articles or goods, for a violation of the revenue laws, is a judgmentinvem. But it is objected that the customary definition does not fit such a case, because there is no fixing of the status of anything, the whole effect being a seizure, whatever the thing may be. In the foregoing instances, and many others, the judgment is conclusive agaiust all the world, without reference to actual presence or participation in the proceedings. If the exprossion “strictly in rem” may be applied to any class of cases, it should be confined tosuch as these. “A very able writer suys: ‘The distinguishing characteristic of judgments i rem is that, wherever their obligation is recognized and enforced as against any person, it is equally recognized and enforced as wil against persons.’ Itseemsto us that Leone thetrue definition ofa ‘judgment tire’ is ‘an adjudication’ against some person or thing, or upon the statws of some subject-matter; which, wherever anji whenever binding upon any person, is equally binding upon @il persons.” 10 Mo. App. 738.