Hansford v. Silver Lake Heights, LLC

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Marvin Hansford was named and served as a defendant in a real property partition action. Although he did not respond to the partition petition and failed to claim that he was the sole owner of any of the legally described property, he later sought to establish a claim to a portion of the partitioned land against its purchaser. The district court granted the purchaser's motion for summary judgment, and the court of appeals affirmed. The Supreme Court affirmed, holding that the lower courts did not err in granting summary judgment to the purchaser, holding that the failure of a party to take a direct appeal challenging the description of the property in a partition action precludes that party from making a collateral attack on the partition orders. View "Hansford v. Silver Lake Heights, LLC" on Justia Law