Wallace v. Marquett
Court of Appeals of Kentucky
Case 19 — PETITION EQUITY — APPEAL PROM PENDLETON CIRCUIT COURT. To defeat the application of the doctrine of lis pendens, the lis pendens purchaser must allege and prove an unreasonable delay in the prosecution pf the action. The doctrine of lis pendens does not apply to a purchaser from one who is not a party to the action, and does not apply when there is unreasonable delay in the prosecution of the action.
1Opinion of the Court
JUDGE PRYOR
DELIVERED THE OPINION OF THE COURT.
In this case the appellants filed a demurrer to the petition of , tie appellee, and moved to dissolve the injunction. The demurrer was overruled and the injunction made perpetual, of which the appellants complain. The- facts alleged in the petition are in substance these; In the year 1858, an action was instituted in the Pendleton Circuit Court, by Samuel 'Wallace and others, against Lewis Myers and others, for the recovery of a large tract of land. In August, 1881, a judgment was rendered against Myers and others for the land and a writ of…
2Cases cited2 opinions
- Watson v. WilsonCourt of Appeals of Kentucky · 1834
- Erhman v. KendrickCourt of Appeals of Kentucky · 1858
3Cited by2 opinions
- Roberts v. CardwellCourt of Appeals of Kentucky · 1913
- Louisville Asphalt Co. v. CobbCourt of Appeals of Kentucky (pre-1976) · 1949