fault this mortgage was foreclosed and sold under a decree of foreclosure. The former wife was made a party in the foreclosure proceedings by a special guardian regularly appointed. The guardian filed an affidavit that he had been advised by counsel that the former wife had no meritorious defense, and therefore no defense was interposed. The judgment in foreclosure decrees that the former wife’s interest in the land is inferior and junior to the lien of the mortgage. An action was brought on behalf of the wife to set aside the conveyance to her husband, and to remove the cloud of the foreclosure proceedings. HELD: That the action brought was treated by the parties as an action to quiet title and is not a direct proceeding to vacate or set aside the judgment in foreclosure, and that since such judgment determines the question of paramount title adversely to the plaintiff, though its determination in that regard may be irregular and ordinarily improper, such irregularity is not jurisdictional and the foreclosure decree therefore is conclusive against collateral attack.
U. S. SUPREME COURT DECISIONS
(From American Bar Ass’n. Journal)
A 20-pay life insurance policy issued in accordance with the provisions of a term policy, which it replaces upon the mere application of the insured, is governed by the law of the place where the original policy was issued.—Aetna Life Ins. Co. vs. Dunken, Sup. Ct. Rep. 45-129
The validity of a by-law of a fraternal benefit society is determined by the law of the State of incorporation, and a member who joined in another state is nevertheless bound by the by-law where the courts of the State of incorporation have declared it valid.—Modern Woodmen vs. Mixer, Sup. Ct. Rep. 45-389.
The Harrison Narcotic Law is essentially a revenue measure; under it a physician cannot be prosecuted for selling to an addict for self-administration four small doses to relieve conditions incident to addiction.— Linder vs. U. S., Sup. Ct. Rep. 45-446.
A statute requiring policies insuring against liability for injury by operation of an automobile to contain a clause subrogating the injured person to the rights of the insured in case the latter becomes bankrupt, does not deny due process or effect an unlawful preference under the Bankruptcy Act.—Merch. Mut. Auto Liability Ins. Co., Sup. Ct. Rep. 45.
Congress may constitutionally make it a crime to transport, receive, conceal, store, barter, sell or dispose of, in interstate commerce, a motor vehicle which is known to have been stolen.—Brooks vs. U. S., Sup. Ct. Rep. 45.
The North Dakota Grain Grading Act by its necessary operation directly interferes with and burdens interstate commerce, and is therefore invalid.—Shafer vs. Farmers’ Grain Co. of Embden, Sup. Ct. Rep. 45-481.
