King v. Barnard

To a bill filed to quiet title, Barnard, the appellee here, interposed an answer, and also immediately following the answer in the same pleading a cross-bill with much the same allegations as in the answer, praying affirmative relief and process. The complainants in the original bill promptly set the cause down upon bill and answer, and obtained a decree, in which no reference was made to the cross-bill. Barnard then had recorded in the Clerk’s office a Us pendens up'On his cross-bill. The complainants thereupon moved the court to strike the Us pendens, treating it as a pleading on file. *253Tlie…