St. Regis Paper Co. v. Santa Clara Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Santa Clara Lumber Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Franklin on the 15th day of April, 1901, denying the defendant’s motion for the cancellation and vacation of a notice of pendency of the action filed in the Franklin county clerk’s office on the loth day of May, 1900. The action was brought to compel the specific performance of a contract by…
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Appeal by the defendant, The Santa Clara Lumber Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Franklin on the 15th day of April, 1901, denying the defendant’s motion for the cancellation and vacation of a notice of pendency of the action filed in the Franklin county clerk’s office on the loth day of May, 1900. The action was brought to compel the specific performance of a contract by which the defendant agreed to sell and deliver to the plaintiff yearly, eleven to thirteen thousand cords of pulp wood…
1Opinion of the Court
Kellogg, J.:
The plaintiff, at the time of bringing the action, filed a lis pen-dens wherein is described the defendant’s lands, being some 32,000 acres in the Adirondack region, and wherein a claim is made affecting the title thereto. The motion is made to cancel the notice of pendency of action on the grounds that the action is not one brought to recover a judgment affecting the title to or the possession, use or enjoyment of real property,?’ as is contemplated by section 1670 of the Code of Civil Procedure.
It is settled law in the courts of this State that where it appears by the complaint…
2Cases cited3 opinions
- Mills v. . BlissNew York Court of Appeals · 1873
- St. Regis Paper Co. v. Santa Clara Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Fitzsimons v. DroughtAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by16 opinions
- Polk v. SchwartzNew Jersey Superior Court Appellate Division · 1979
- Interboro Operating Corp. v. Commonwealth Security & Mortgage Corp.New York Court of Appeals · 1935
- St. Regis Paper Co. v. Santa Clara Lumber Co.New York Court of Appeals · 1903
- M. Lindheim & Co. v. Central National Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Joslyn v. SchwendSupreme Court of Minnesota · 1903
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