Hoyt v. American Traders, Inc.

I would hold that the common law doctrine of lis pendens is inapplicable to dissolution cases, and I therefore respectfully dissent from the majority’s holding that the doctrine applies to the dissolution proceeding on which plaintiff bases this action.

The court said in Houston v. Timmerman, 17 Or 499, 21 P 1037 (1889):

“* * * Two things, however, seem indispensable to give [lis pendens] effect: 1. That the litigation must be about some specific thing, which must necessarily be affected by the termination of the suit; and 2. That the particular property involved in the suit ‘must be so pointed…