Page:Federal Reporter, 1st Series, Volume 3.djvu/331

 heirs of the intestate, The purchaser claims, not their title, but one paramount. 11 S. & R. 426. The estate passes to him by operation of law. 11 S. & R. 428. The sale is a proceeding in rem, to which all claiming under the intestate are parties, (11 S. & R. 429,) which directs the title of the deceased. ll S. & R. 430. * * * * A purchaser is not bound to look beyond the decree. If there is error in it of the most palpable kind—if the court which rendered it have, in the exercise of jurisdiction, disregarded, misconstrued, or disobeyed the plain provisions of the law, which gave them the power to hear and determine the case before them—the title of a purchaser is as much protected as if the adjudication would stand the test of a writ of error. So where an appeal is given but not taken in the time prescribed by law.” Id. 338–340.

The application and effect of the reasonings we have just quoted, with respect to the case in hand, are too obvious to require remark. Such is now the settled doctrine of the supreme court in such cases. Comstock v. Crawford, 3 Wall. 396; McNitt v. Turner, 16 Wall. 352; and Mohr v. Manierre, decided at the last term and not yet reported. Authorities to the same effect, touching the point to which we are addressing ourselves, might be multiplied without limit, but upon so plain a proposition nothing further in that way can be necessary.

That a proceeding to set aside a will, under a statute like that of Ohio, here in question, is a proceeding in rem, seems to be the voice of the universal jurisprudence of the country. Benoist v. Murrin, 48 Mo. 48; St. John’s Lodge v. Callender, 4 Iredell, 335–342; Nalle v. Fenwick, 4 Rand. 585–588; Woodruff v. Taylor, 20 Vt. 65–73; Fry v. Taylor, 1 Head, 594–595; Crippen v. Dexter, 13 Gray, 330–332.

Upon the whole case, we are of opinion that the bill must be dismissed, and it is dismissed accordingly.