Dovey's Appeal
Supreme Court of Pennsylvania
Appeals from the decree of the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1880, Nos. 33 and 88½. These two appeals were from the same decree,'and were argued together.
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Appeals from the decree of the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1880, Nos. 33 and 88½. These two appeals were from the same decree,'and were argued together. This was a bill in equity, filed May 6th 1877, by Charles E. Morris, assignee for the benefit of creditors of Henry G. Morris, against John J. Dovey and William J. Moodie and others, trading as Moodie, Gross & Co. John J. Dovey died after suit brought, and his executors were substituted. The plaintiff, Charles E. Morris, also died, and the Philadelphia Trust, Safe-Deposit and Insurance Company were…
1Opinion of the CourtJustice Paxson
The doctrine of lis pendens has been essentially modified by the later decisions. In the earlier cdses, both in England and this country, it was held- that Us pendens was notice to all the world, with the same effect as the registration of a deed under the recording acts as to constructive notice of the conveyance. More recent cases, however, place the doctrine upon another, and, we think, a sounder basis. In the leading case of Bellamy v. Sabine, 1 DeG. & J. 580, it was said-by Lord Chancellor Cranworth: “ It is scarcely correct to speak of lis pendens as affecting a purchaser through the…
2Cases cited4 opinions
- Murray v. LylburnNew York Court of Chancery · 1817
- Paddon v. . TaylorNew York Court of Appeals · 1871
- Shufeldt v. PeaseWisconsin Supreme Court · 1863
- Burns v. RowlandNew York Supreme Court · 1863
3Cited by7 opinions
- McCahill v. RobertsSupreme Court of Pennsylvania · 1966
- Commonwealth Ex Rel. v. KellySupreme Court of Pennsylvania · 1936
- Blumenfeld v. R. M. Shoemaker Co.Superior Court of Pennsylvania · 1981
- Bughman v. Central BankSupreme Court of Pennsylvania · 1893
- Lewis v. Diethorn (In Re Joseph M. Eaton Builders, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1988
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