Dickerson v. Oliphant

The opinion of the Court was delivered by

Mr. Justice Cothran.

The Court is satisfied with the conclusions of the Circuit Judge in this case and his order is therefore affirmed. A further consideration tending to sustain the order is this:

We apprehend that there could be no question of the duty of the plaintiff, in order to protect herself from the claim of a purchaser or incumbrancer of the property affected by the action, to file under Section 388, Code Civ. Proc., notice" of lis pendens; the action clearly being one “affecting the title to real property.” This may possibly be in order if the…