Daniel v. . Hodges
Supreme Court of North Carolina
Ejectment tried at November Special Term, 1881, of Halifax Superior Court, before Gilmer, J. The facts set forth in the answer as admitted by the demurrer are as follows: In the year 1876 the defendant instituted in the superior court of Halifax county a suit against one Joseph Hodges, who was the husband of the defendant, setting forth that her said husband had abandoned her, and left the state, and failed to contribute anything for her support and maintenance ; that the…
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Ejectment tried at November Special Term, 1881, of Halifax Superior Court, before Gilmer, J. The facts set forth in the answer as admitted by the demurrer are as follows: In the year 1876 the defendant instituted in the superior court of Halifax county a suit against one Joseph Hodges, who was the husband of the defendant, setting forth that her said husband had abandoned her, and left the state, and failed to contribute anything for her support and maintenance ; that the said Joseph had no property in this state except the lot described in the petition, it being that now claimed by the…
1Opinion of the CourtAshe, J.
“The defendant contends that the conveyances from her husband, Joseph Hodges,.to W. W.- Hall and from Hall to the plaintiff, having been made while her action for alimony was pending, and especially after the order of the superior court assigning her the lot in question, are brought within the .principles involved in the law of lis pendens.
The rule of lis pendens is a principle founded.not so much upon the doctrine of notice, as in motives of public policy. Hence it is held as a general principle that every one is-presumed to be attentive to what passes in the courts of justice in the state…
2Cases cited1 opinion
- stephen.W. Isler v. . Isaac BrownSupreme Court of North Carolina · 1872
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