Legal Opinion

Mills v. . Bliss

New York Court of Appeals

Decided November 25, 1873PublishedCited by 31 opinions

1Opinion of the Court

We are somewhat embarrassed for the want of the reason of the court below in granting the order complained of. It is possible that there are reasons which were influential with the members of that court, which have not been brought out by the counsel here and have not occurred to us.

The right to file a notice of lis pendens which shall be constructive notice to subsequent purchasers or incumbrances of the property affected thereby, is given in all actions affecting the title to real property. (Code, § 132.) This is an absolute right, not depending on the discretion of the court; and a notice…

2Cases cited2 opinions

  1. Hare v. Van DeusenNew York Supreme Court · 1860
  2. Pratt v. HoagThe Superior Court of New York City · 1856

3Cited by31 opinions

  1. Schomacker v. . MichaelsNew York Court of Appeals · 1907
  2. Interboro Operating Corp. v. Commonwealth Security & Mortgage Corp.New York Court of Appeals · 1935
  3. Beman v. . ToddNew York Court of Appeals · 1891
  4. Zeiser v. . CohnNew York Court of Appeals · 1913
  5. Buchman v. American Foam Rubber CorporationDistrict Court, S.D. New York · 1965

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