Brown v. Jacobsen Land & Cattle Co., 297 Neb. 541

Brown filed a lis pendens on property adjacent to Jacobsen's land while a quiet title action was pending.
Jacobsen conveyed the disputed property to the State of Nebraska; deed recorded after lis pendens filing.
State sought to intervene under § 25-328, claiming an equitable interest and duty to defend state-owned property.
District court granted partial summary judgment, treating State as a subsequent purchaser with limited rights.
Jacobsen withdrew from trial; Brown proceeded with adverse possession claim; State sought to defend its interest.
Trial court barred State from offering evidence against Brown’s adverse-possession claim due to lis pendens status; court quieted title in Brown.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does lis pendens bar an intervenor's evidence?	Brown	State	Intervenor may offer evidence; lis pendens does not bar intervenor's participation
Is the State a subsequent purchaser with limited rights?	Brown	State	State is a subsequent purchaser but may defend like a party; must be allowed to present evidence

Hadley v. Corey, 137 Neb. 204, 288 N.W.2d 832 (1939) (Nebraska Supreme Court 1939) (subsequent purchaser may question plaintiff’s right to recover)
Kirchner v. Gast, 169 Neb. 404, 100 N.W.2d 65 (1959) (Nebraska Supreme Court 1959) (intervenors have rights as party under lis pendens)
Munger v. Beard & Bro., 113 N.W.2d 218 (Nebraska Supreme Court (citation)) (lis pendens does not bar known subsequent interests from litigating)
Walsh v. State, 276 Neb. 1034, 759 N.W.2d 100 (2009) (Nebraska Supreme Court 2009) (intervenors' rights and procedural adequacy in litigation)
DeBoer v. Oakbrook Home Assn., 218 Neb. 813, 359 N.W.2d 768 (1984) (Nebraska Supreme Court 1984) (lis pendens principles and notice effectiveness)
Midwest Renewable Energy v. American Engr. Testing, 296 Neb. 73, 894 N.W.2d 221 (2017) (Nebraska Supreme Court 2017) (lis pendens framework and related analysis)