Kestler v. Weissenfels

Action to impress upon certain realty a lien of $3,300, paid by the plaintiff to the seller. The lis pendens and verified complaint in the action were filed on June 24, 1933, at ten-thirty-four a. m. The deed of the defendants who took title to the property from the seller, who was obligated to repay the plaintiff $3,300, was not recorded until ten-fifty-one a. m. on June 24, 1933, seventeen minutes after the lis pendens' *889was filed. Judgment for the plaintiff unanimously affirmed, with costs. The literal language of section 121 of the Civil Practice Act requires a holding that the plaintiff’s…