Niebuhr v. Schreyer

Section 1673 of the Code of Civil Procedure gives a defendant the right to file a lis pendens when he sets up in his answer a counterclaim on which he demands an affirmative judgment, affecting the title to or the possession, use or enjoyment of real property.

The answer in this action sets up a counterclaim as follows : “ 6th. And this defendant further answering, and by way of counterclaim, alleges that at the time said joint enterprise was being carried out between the plaintiff-—-acting on behalf of said Henry P. Niebuhr and this defendant—the said plaintiff took part of the funds in which…