Kipp v. Hill Road Home Corp.

This is an application, brought in an action for specific performance of a contract to convey real property for summary judgment or, in the alternative for the posting of bonds in connection with the lis pendens.

So much of the motion as deals with summary judgment can be readily denied. There are issues of fact in the case that may not be determined until the trial.

The alternative relief requested presents a more serious problem. It was the law, prior to September 1, 1957, that a lis pendens in an action for specific performance of a contract to convey real property could not be discharged or…