court, they are voidable only. The errors and irregularities, if any exist, are to be corrected by some direct proceeding, either before the same court to set them aside, or in an appellate court.” Id. 477.
In Cooper v. Reynolds, 10 Wall. 308–315, there had also been a sale under proceedings instituted by attachment. The same doctrines as in The Bank of the U. S. v. Voorhes were affirmed by the supreme court. Mr. Justice Miller, speaking for the court, said: “It is of no avail to show that there are errors in the record unless they be such as prove that the court had no jurisdiction of the case, or that the judgment rendered was beyond its power. This principle bas been often held by this court, and by all courts, and it takes rank as an axiom of the law.” Id. 316.
Grignon’s Lessee v. Astor, 2 How. 319, is even fuller and stronger on the subject we are considering than either of the other cases to which we have referred. That case involved a sale of real estate by an administrator. The court said:
“At the trial numerous questions of evidence arose, and many instructions were asked of the court, to whose opinion the plaintiffs excepted, but we do not deem it necessary to notice them in detail, as, in our opinion, the whole merits of the controversy depend on one single question: had the county court of Brown county jurisdiction of the subject on which they acted? The power to hear and determine a cause is jurisdiction. It is coram judice whenever a case is presented which brings this power into action. * * * * If the law confers the power to render a judgment or decree, then the court has jurisdiction. * * * * But on a proceeding to sell the real estate of an indebted estate there are no adversary parties. The proceeding is in rem—the administrator represents the land; they are analogous to proceedings in the admiralty, where the only question of jurisdiction is the power of the court over the thing—the subject-matter before them—without regard to the persons who may have an interest in it. All the world are parties. In the orphans’ court, and in all courts who have the power to sell the estates of intestates, their action operates on the estate, not on the
