Painter v. Gunderson
Supreme Court of Minnesota
■ IFrom an order of the district court for Hennepin county, Dickinson, J., denying defendant’s motion to discharge the notice of lis pendens, defendant appealed.
1Opinion of the Court
Dibble, O.
The plaintiff brought this action to abate a nuisance, consisting in the obstruction of a highway, and to recover damages sustained by such obstruction. He filed a lis pendens describing by metes and bounds as the property affected by the action, the highway mentioned.
The defendant moved to cancel the lis pendens. His motion was -denied. He appeals from the order denying it.
1. The court, on motion, may cancel a lis pendens when filed in an action not of the authorized class. Joslyn v. Schwend, 89 Minn. 71, 93 N. W. 705.
2. Section 4389, R. L. 1905, as amended by Laws 1907, p. 455, e.…
2Cases cited1 opinion
- Joslyn v. SchwendSupreme Court of Minnesota · 1903
3Cited by7 opinions
- McGurk v. MooreSupreme Court of North Carolina · 1951
- Allen v. CoolingSupreme Court of Minnesota · 1924
- S.B. McLaughlin & Co., Ltd. v. Tudor Oaks Condominium ProjectCourt of Appeals for the Eighth Circuit · 1989
- Melin v. MottSupreme Court of Minnesota · 1942
- Village of Mendota Heights v. Village of LilydaleSupreme Court of Minnesota · 1972
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