Shandley v. Levine

The action is brought to compel the defendants Levine to specifically perform an agreement, made December 16, 1903, to convey the real estate in question. The complaint further alleges: “ That thereafter (that is, subsequent to December 16, 1903) the defendants Israel Levine and Lena Levine (his wife) conveyed to the defendant Esther Berrent the premises herein described, and said Esther Berrent is the owner of the record title of said premises at this time.” The theory of the motion, as appears from the argument, is that the filing of the lis pendens was absolutely unwarranted, since Israel…