Doe ex dem. Chaudron v. Magee
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. This was an action of ejectment, for the recovery of certain lots of land situated in the city of Mobile. The defendant entered into the usual consent rule, and the cause was tried on the plea of “ not guiltythe jury returned a verdict for the defendant, and judgment was rendered accordingly.
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Writ of Error to the Circuit Court of Mobile. This was an action of ejectment, for the recovery of certain lots of land situated in the city of Mobile. The defendant entered into the usual consent rule, and the cause was tried on the plea of “ not guiltythe jury returned a verdict for the defendant, and judgment was rendered accordingly. On the trial, the plaintiff excepted to the ruling of the Court, and the bill of exceptions discloses the following case, viz: The plaintiff introduced as evidence the record of a suit determined by the Court of Chancery sitting at Mobile, at the suit of…
1Opinion of the CourtCollier, C. J.
The question how far the pendency of a *572suit was notice to a purchaser from the defendant, was most elaborately considered in Murray v. Ballou, 1 Johns. Ch. Rep. 566. Chancellor Kent there said, “ The established rule is, that a lis pendens, duly prosecuted and not collusive, is notice to a purchaser, so as to affect and 'bind his interest by the decree; and the lis pendens begins from the service of the subpoena after the bill is filed.” To the same effect are Murray v. Finster, 2 Johns. Ch. Rep. 155; Heatley v. Finster, 2 Johns. Ch. Rep. 158; Murray v. Lylburn, 2 Johns. Ch. Rep. 441; Green,…
2Cases cited8 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Murray v. LylburnNew York Court of Chancery · 1817
- Harris v. Carter's AdministratorsSupreme Court of Alabama · 1830
- Cullum v. Batre's Ex'rxSupreme Court of Alabama · 1841
- Walker v. Bank of MobileSupreme Court of Alabama · 1844
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Evans v. WelchSupreme Court of Alabama · 1879
- Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
- Malone & Foote v. MarriottSupreme Court of Alabama · 1879
10 more not listed; retrieve them via the Exa API.