88   mnem-
,, meaty. ’F_ on which seryice the court gave a decree by default for the _sale of
’ ’ e ropertyunder which the defendants claim. Held, that the service was
. 5   < invalid; andthe decree of sale thereon null and void, because the return did
st -n0t,sl1ow that thesubstituted service of the summons was made at the defend-
Vantls usual place of abode inthe state, in whatever county it might be, but
‘*‘ onlyat his usual place of abode in Linn county. r
BJ Shakti-Rmooan—ConLsrnnAL Arrsoxl V i
.· 1 . Semble, that the record of ga court cannot be collaterally impeached or con-
tradicted except by a suit in equity, brought for the purpose of setting aside
, _a judgment, on the ground that in fact the court never acquired jurisdiction
·to`give`the same. -
(Syllalius by the Oourl.) _ l i ~ ` `
'At_Law. 5 Action to recover possession of real property.
" ‘W.‘Scott Beebe, for plaintiff. M “' ` "
‘   If Tanner and Charles E; Wolverton, for defendants.
i ,_D;·:ApY, J. This action is_ brought by the plaintiff, a citizen of Cali-
forriia, against the defendants, citizens of Oregon, to recover 377.77 acres
pfllandisituate in Linn county, Or., exceeding in value $6,000.
  _,The,case`was_tried by the court, without the intervention of a jury,
upon the amended complaint, answer, and reply thereto, and a stipula-
tion as to the facts.
From these it appears that on and prior to October 16, 1879, Philip
_ Grigsby was the owne1· of the premises in question, subject to a mort»
gage thereon, given to the state commissioners for the management of
the school fund, to secure the payment of $4,500, with interest, there-
tofore borrowed by Grigsby from said commissioners; that on said date
a suit theretofore brought by said commissioners against Grigsby to en-
` force the lien of said mortgage was pending in the state circuit court for
said county, in which a summons had been issued, directed to said
Grigsby, requiring him "to appear and answer the complaint" therein
within the time specified, and notifying him that if he failed so to ap-
pear and answer "the plaintiff will apply to the court for the relief de-
manded" in the complaint; that said summons was returned by the
 sheriff of said county with the following certificate or proof of service an-
nexed thereto: "I hereby certify that I have served the annexed surn-
mons in Linn county, Oregon, on the 16th day of October, 1879, on the
therein named defendant, Philip Grigsby, he not being found, by leav-
ing a copy thereof, * * * together with a copy of the complaint,
* * ‘* with Mary Backus, a member of the family, over the age of
14 years, at his usual place of abode in said county;" that thereafter
i said circuit court gave a decree in said case by default in favor ofthe ‘
plaintiffs therein, on which the interest of Grigsby in the premises was
sold on execution, and the proceeds applied on the demand of the plain-
' · titfs, and in discharge of said lien;` that said sale was duly connrmed,
l anda conveyance of the premises made in pursuance thereof to the pur-
chaser, J. W, Meyers, under whom the defendants claim; and that the
plaintiH’,·on April 26, 1888, received a conveyance from Grigsby of all
  interestin the premises; _ t