Pratt v. Hoag
The Superior Court of New York City
The complaint makes a case for an accounting between the parties, in respect to the proceeds of the sales of two houses and lots in the city of New-York, in which they were jointly interested—claims a balance due the plaintiff, and prays for an accounting, &c.
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The complaint makes a case for an accounting between the parties, in respect to the proceeds of the sales of two houses and lots in the city of New-York, in which they were jointly interested—claims a balance due the plaintiff, and prays for an accounting, &c. It charges that a house and lot, on the Third avenue in New-York city, was bought, and paid for in part, with such proceeds, and conveyed to the defendant, and seeks to have such house and lot disposed of, if necessary, and proceeds applied to pay such balance as may be adjudged to be due to the plaintiff. An injunction was granted,…
1Opinion of the Court
Bosworth, Justice.
The filing of a Us pendens is an ordinary proceeding in an action, in which it is sought to subject specific real estate to the operation of any judgment that may be recovered.
It is indispensable, in order to affect persons who may purchase pendente lite, in ignorance of the plaintiff’s claim, that it should be filed. All who take the title after a notice, in proper form, has been filed with the proper officer, take it with the same consequences that would have resulted from a purchase with actual notice.
If no injunction had been granted, the filing of a lis pendens would…
2Cited by3 opinions
- Mills v. . BlissNew York Court of Appeals · 1873
- Mills v. BlissNew York Court of Appeals · 1873
- Wilmont v. MeseroleThe Superior Court of New York City · 1876