36 FEDERAL REPORTER.
seen proper to give that instrument a different construction? Cer-
tainly not; and, if not, why? Because the decree was, so far as
could be known, confessed1y right when made, and could not be-
come erroneous by a change in the subsequent rulings of the state
court. Substantially, the case under consideration is in a like con-
dition. In the absence of any construction of the state constitution
_ in the particulars in question, it was, as I have said, the right and
duty of this court to construe it, pro re nam, for itself. In that rul-
ing, judged by the then existing exposition of that instrument, there
is, in my judgment, no error; and the subsequent contrary ruling of
the state court in Cmwford v. Linn Oo., although a guide to this court
I in future cases, cannot operate retroactively, and make a decree er-
roneous which was originally valid.
The demurrer is sustained, and the bill dismissed.
Oswum and another v. Kampman.
(Oirouit Court, W D. Texas. June 28, 1886.)
1. ACTION—HOW CoMMnNomn—AssmNr PARTIES—SEIZURE.'
When the personal property of an absconding party or debtor is seized,
there must be a seizure in rem; but when the property in question is real es-
tate, an actual seizure is not necessary if a lien is sought to be foreclosed
that is sumcient to give jurisdiction to the court.
2. JunoMnnr—How Arracxnn Comnurananrr.
Where a judgment is collaterally attacked. in order to succeed, the plaintiif
must show. not merely that it was voidable, but that it was absolutely void.
8. Wmr Ann PRoomss—Non-Rnsrnnnr PAnr1Es—Pn1<so1vAL Simvrca-Foam
. crosunm.
Proceedings to foreclose a lien are proceedings in rem, and personal service
on absent parties is not essential to give the court jurisdiction.
4. SAME-Sutrmons mr PUBLICATI0N—REQUIS{TES--IRREGUIJARITIES.
While the citation commanding the publication of a notice of action should
state that the paper or sheet in which the publication is to be made is a
newspaper, an omission so to do is a mere irregularity, and cannot be relied
on as vitiating a judgment which is collaterally attacked.
5. SAME-SUMMONS—PUBLICATION—OFFICER’S RETURN-··IRREGULARITIEB.
The oificer’s return that a given notice has been published for four succes—
sive weeks should state the separate days on which such notice was published,
but a failure so to do is only an irregularity, which cannot be relied on in
a collateral attack upon a judgment.
Trespass, to Try Title.
Oaeleton ot Morris, for plaintids.
Wcelder tt Upson, for defendant.
A TURNER, J. One of the plaintiffs is the widow of W. Oswald, and
the other a child of Mrs. Oswald. In 1852 one Conrad contracted
for the lands in question with the city of San Antonio. Conrad was