Lonzello v. D'Amato

The opinion of the court was delivered by

Parker, J.

The appeal is from an order in the cause, made by Judge Dungan, directing that a notice of lis pendens filed by the plaintiffs be canceled of record by the register of Essex county.

Irrespective of the merits, the appeal must be dismissed. The record before us shows simply an action by vendee of real estate to recover back down money on the ground that vendors had refused to fulfill the contract of sale by delivering the deed stipulated in such contract. The record shows complaint, answer and reply, and nothing more. It is elementary that in…