State Ex Rel. Ernest Realty Co. v. Moore, Blane & Merklein, Inc.

HIGGINS, Justice.

Relator, a corporation, as owner of certain real estate, brought this mandamus proceeding against the defendants, an insurance agent, and the clerk of the district court, as ex officio registrar of conveyances and recorder of mortgages, for the purpose of having canceled and erased from the records a notice of lis pendens, alleging that the recordation of the notice was illegal, null, and void, because the insurance agent had no lien or privilege of any kind whatsoever against the property, and had no color of right to affect the title thereto.

The clerk of court was a nominal…