Hart v. Marshall
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of the Appellants : A Us pendens duly prosecuted is notice to all the world of the rights of the parties to it, and a purchaser pendente lite is charged with notice of the rights of the parties, and would be bound by the decision in this action, and the decision in this action could be pleaded in bar to any action by them at law. 1 Story's Equity, Sec. 405; Murray vs. Ballou, 1 John.
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APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of the Appellants : A Us pendens duly prosecuted is notice to all the world of the rights of the parties to it, and a purchaser pendente lite is charged with notice of the rights of the parties, and would be bound by the decision in this action, and the decision in this action could be pleaded in bar to any action by them at law. 1 Story's Equity, Sec. 405; Murray vs. Ballou, 1 John. Ch. 566; Murray vs. Frinster, 2 John. Ch. 158; Green vs. Slayter, 4 John. Ch. 38; Murray vs. Sylburn, 2 John. Ch. 441; Shyvescent vs. Hall,…
1Opinion of the CourtEmmett, C. J.
By the Court. In the case of Goodrich vs. Moore, 1 Min. Rep. 61, we held that courts ought not to interfere by injunction except in cases where irreparable injury would otherwise be done to the parties, or they show themselves entitled to more immediate relief than can be obtained *297by the ordinary course of proceedings. The late Supreme Court of the Territory of Minnesota, in the case of Steele vs. Taylor, et al., 1 Minn. Rep. 274, also decided that in the sale of real estate upon execution pendente lite, the purchase is voluntary, and the purchaser takes his title subject to the Us pendens.
The…
2Cases cited1 opinion
- Steele v. TaylorSupreme Court of Minnesota · 1856
3Cited by6 opinions
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Bonnell v. AllenIndiana Supreme Court · 1876
- Conkey v. DikeSupreme Court of Minnesota · 1871
- Hanson v. JohnsonSupreme Court of Minnesota · 1873
- Montgomery v. McEwenSupreme Court of Minnesota · 1864
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