statute, ignore its explicit and peremptory provisions. It is a safe rule that in taking jurisdictional steps the commands of the law must be strictly obeyed. The phrase “personal service” has a clear meaning, and when employed to designate the manner of service without the state, it should have the same significance as when used to prescribe the mode of service within the state. The summons was not served in any manner within thirty days after the issue of the attachment, and the writ fell for want of legal support. Nor did defendant’s subsequent appearance revive it. Blossom v. Estes, 84 N. Y. 615. The order sustaining the attachment is reversed, and the district court is directed to set aside the attachment and all proceedings thereunder. All concur.
Wallin J., being disqualified, did not sit; Judge Templeton, of the first judicial district, sitting in his place.
Andrew J. Bowne, Plaintiff and Respondent, v. C. C. Wolcott, Defendant and Appellant.
1. Public Lands; Title After Location With Scrip and Before Patent.
Where a party locates government scrip upon government land at the proper local land office, and where, at the time, the land so entered was subject to entry with such scrip, and the entry was accepted by the officers of the local land office, and the patent certificate issued to the entryman, such entryman holds the full equitable and beneficial title to such land, but until the patent actually issues the naked legal title remains in the United States.
2. Same; Grant by Entrymen With Covenant of Seisin.
Where, in such case, the grantee of the entryman, prior to the issuance of the patent, again conveys the land by warranty deed, with covenant that he is "well seized in fee" of said land, such covenant of seisin is broken, because the grantor is not seized of the legal title.
3. Same; Same; Damages For Breach of Covenant.
But such deed does convey to the grantee the full equitable and beneficial title to said land; and until some paramount or hostile title is in some manner asserted, or the grantee is in some manner disturbed
