Tinkess v. Burns

The defendants have moved to cancel, the Us pendens filed in the Jefferson County Clerk’s office in this action on the 7th day of May, 1959 upon the ground, first, that the complaint in the action was not verified and, second, that as appears from the complaint, the cause of action stated therein is for a rescission and not one to impress a lien and, therefore, that it is not in its nature an action brought to recover a judgment affecting the title to, or the possession of or enjoyment of real property.

There is no dispute that the complaint, which together with the summons, was served upon…