Legal Opinion

Turner v. Babb

Supreme Court of Missouri

Decided May 15, 1875PublishedCited by 21 opinions

Appeal from Livingston Circuit Court. . I. A lis pendens is not even a constructive notice of any other points than those which are in dispute between tlie parties to the action. (See Ray vs. Roe, 2 Blackf., 258 ; 3 Ark., 392; Newl. Cont., 506, 507 ; also Murray vs. Ballon, 1 Johns. Ch./ 571.) I. Appellants took their deed from MeHolland with full notice, and are barred by the record and proceedings in the canse of Conger vs. MeHolland. (See Wagn.

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Appeal from Livingston Circuit Court. . I. A lis pendens is not even a constructive notice of any other points than those which are in dispute between tlie parties to the action. (See Ray vs. Roe, 2 Blackf., 258 ; 3 Ark., 392; Newl. Cont., 506, 507 ; also Murray vs. Ballon, 1 Johns. Ch./ 571.) I. Appellants took their deed from MeHolland with full notice, and are barred by the record and proceedings in the canse of Conger vs. MeHolland. (See Wagn. Stat., ch. 88, § 1; Jones vs. Talbott, 9 Mo., 121; O’Reilly vs. Nieholson, 45 Mo., 166 ; Murray vs. Ballon, 1 Johns. Ch., 573; Harrington vs.…

1Opinion of the CourtHough, Judge

This was an action of ejectment brought by the plaintiffs, Turner and Collier, in the Livingston Circuit Court, on the ISth day of July, 1873, against Joseph Babb, to recover the *344possession of lot 5, block 22, in the town of Wheeling, county of Living'ston, to which action George W. Dorman, under whom defendant, Babb, had possession, was, on'motion, made a party defendant.

The petition was in the usual form, and the defendants pleaded the general issue. The cause was tried by the court without a jury.

It appears from the record, that in December, 1869, one Crayton H. Conger instituted a suit in…

2Cases cited4 opinions

  1. Herrington v. HerringtonSupreme Court of Missouri · 1858
  2. O'Reilly v. NicholsonSupreme Court of Missouri · 1869
  3. Ferrier v. BuzickSupreme Court of Iowa · 1858
  4. Ray v. Roe, on the Demise of BrownIndiana Supreme Court · 1829

3Cited by21 opinions

  1. Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
  2. Sanders v. DixonMissouri Court of Appeals · 1905
  3. Olson v. CornwellCalifornia Court of Appeal · 1933
  4. Turner v. EdmonstonSupreme Court of Missouri · 1908
  5. Hall v. MorganSupreme Court of Missouri · 1883

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