Mills v. Bliss
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming a Special Term order, directing the cancellation of a. notice of lis pendens filed in this action. This action was brought to enforce an alleged equitable lien for unpaid purchase-money upon lands sold by plaintiff to defendant.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming a Special Term order, directing the cancellation of a. notice of lis pendens filed in this action. This action was brought to enforce an alleged equitable lien for unpaid purchase-money upon lands sold by plaintiff to defendant. The complaint alleged, in substance, that plaintiff sold to defendant certain premises in the city of Brooklyn for the sum of $37,500; that $25,000 of the purchase-price was agreed to be and was paid in the bonds of Avenue 0 Railroad Compapy, in the city, of New…
1Opinion of the CourtAllen, J.
We are somewhat embarrassed for the want of the reason of the court below in granting the Order complained of. It is possible that there are reasons which were influential with the members of that court, which have not been brought out by the cotinsel here and have not occurred to us.
The right to file a notice of lis pendens which shall be constructive notice to subsequent purchasers or incumbrances of the property affected thereby, is given in all actions affecting the" title to real property. (Code, § 132.) This is an absolute right, not depending on the discretion of the court; and a…
2Cases cited2 opinions
- Hare v. Van DeusenNew York Supreme Court · 1860
- Pratt v. HoagThe Superior Court of New York City · 1856