Hartwell v. Riley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erancis Riley, from a judgment of the Supreme .Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 2d day of June, 1899, upon the verdict of a jury rendered by direction of the court after a trial at the Rensselaer Trial Term. The action was brought to recover damages for the failure of the defendant, as county clerk, 'to index a notice of pendency of an action.
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Appeal by the defendant, Erancis Riley, from a judgment of the Supreme .Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 2d day of June, 1899, upon the verdict of a jury rendered by direction of the court after a trial at the Rensselaer Trial Term. The action was brought to recover damages for the failure of the defendant, as county clerk, 'to index a notice of pendency of an action. On January 29,1896, the plaintiff’s testator loaned to Margaret Jones $3,000,. upon her bond secured by her mortgage upon certain real estate in the village…
1Opinion of the Court
Merwin, J.:
The- notice of pendency in question was filed in pursuance of the provisions of section 1670 of the Code of Civil Procedure. The effect of such notice is provided for by section 1671. That. states that, from the time of so filing the notice, the pendency of the action is constructive notice to a purchaser or incumbrancer of the property affected thereby, from or against a defendant, with respect to whom the notice is directed to be indexed as prescribed in the following-section; and that a person whose conveyance or incumbrance is subsequently executed or recorded is bound by all…
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