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| Pennoyer v. Neff,
SUPREME COURT OF THE UNITED STATES, January 21, 1878, Decided; OCTOBER, 1877 Term
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Overview: This was an action to recover possession of a tract of land to which both plaintiff and defendant asserted title. Defendant claimed to have acquired the premises under a sheriff's deed made upon a sale of the property resulting from a judgment recovered against plaintiff in one of the circuit courts of the state. The case turned upon the validity of that judgment. The lower court found that the judgment was invalid due to problems with an affidavit. On appeal, the court ruled that the judgment was invalid, on different reasoning. Because at the time the action was commenced and the judgment was rendered plaintiff was a non-resident of the state, was not personally served with process, and did not appear, the judgment could not be valid against plaintiff. Because of the lack of personal service, the sale of the property in controversy was not authorized. Accordingly, the decision below was affirmed.
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