On Motion for Rehearing or to Transfer to Banc
PER CURIAM.In view of appellants’ contention, in their motion for rehearing or to transfer to the Court en Banc, that the trial court erred in refusing to hear evidence on alleged affirmative defenses, we point out that appellants misconceive the character of these actions and the rulings we have made concerning them. In the first place, these were not actions for possession; and as we noted no such action can be maintained until the life estate ends, so that the matter of allowance for improvements could only be an issue at that time. Moreover, these were not class actions for complete adjudication of title, as was Moore v. Moore, Mo.Sup., 329 S.W.2d 742, but were in *11effect for declaratory relief determining that judgments in prior cases were void and did not affect the contingent remainder interests of these plaintiffs in the land involved.
We have held that the judgments purporting to wipe out and destroy the contingent remainders were absolutely void, showing on the face of the record (the facts stated in the pleadings and found in the decree) that the court had no authority, power or jurisdiction to render such judgments because the facts stated conclusively showed that the plaintiffs therein had no cause of action for such judgments and had no right thereto whatever. Therefore these judgments could not bind anyone or protect anyone. This is entirely different from cancellation or rescission for fraud or failure to comply with procedural requirements which would only make a judgment voidable. A judgment void on the face of the record “may be entirely disregarded or declared inoperative by any tribunal in which effect is sought to be given to it. * * * It has no legal or binding force or efficacy for any purpose or at any place. * * * It may be attacked by a person adversely affected by it, in any proceeding, direct or collateral and at any time. * * * [T]he situation is the same as it would be if there were no judgment.” 30A Am.Jur. 198 Sec. 45, also p. 780, Sec. 863; 49 C.J.S. Judgments § 401, p. 794; American Law Institute Restatement of Judgments, Sec. 11; Noyes v. Stewart, 361 Mo. 475, 235 S.W.2d 333; Davison v. Arne, 348 Mo. 790, 155 S.W.2d 155; Rhodus v. Geatley, 347 Mo. 397, 147 S.W.2d 631; Guhman v. Grothe, 346 Mo. 427, 142 S.W.2d 1; Truesdale v. St. Louis Public Service Co., 341 Mo. 402, 107 S.W.2d 778, 112 A.L.R. 135; Gray v. Clement, 296 Mo. 497, 246 S.W. 940; Charles v. White, 214 Mo. 187, 112 S.W. 545, 21 L.R.A.,N.S., 481; Jewett v. Boardman, 181 Mo. 647, 81 S.W. 186. Appellants’ motion for rehearing or to transfer to the Court en Banc is overruled.