25 Minn. 206 | Minn. | 1878
In 1858, Levi H. Griffin was the owner of certain lands in the county of Scott, and conveyed them, in that year, to Nancy H. Griffin, who conveyed them to Eliza J. Griffin, the wife of Levi H. In 1859, Axel Jorgenson recovered judgment in the district court, in the county of Carver, against Levi H., and in 1864, the judgment was docketed in the county of Scott, and under it an execution was issued and levied upon the real estate, as the property of the judgment debtor, and it was sold under such levy in July, 1864, and bid in by Jorgenson, and the usual certificate of sale was made to him and recorded. After the recording of the certificate, and in August, 1864, Eliza J. and Levi H. Griffin commenced an action against Jorgenson in the county of Scott, for the purpose of having the said docketing of said judgment, the execution sale, the certificate of sale, and the record thereof, vacated, set aside, and adjudged null and void, and they filed and caused to be recorded, in the office of the register of deeds of said county, a notice of the pend-ency of said action, describing the real estate, and stating the object of the action. Jorgenson answered in the action, demanding that the conveyances from Levi H. to Nancy EL, and from her to Eliza J., be adjudged fraudulent and void, and of no force or effect as against him, and, in 1873, judgment to that effect was rendered in said action. Pending the action, in 1871, Eliza J. conveyed a portion of the real estate to this defendant. In 1876, Jorgenson conveyed an undivided half of all the real estate to plaintiff Brown. This action is ejectment, and the only question is, did the defendant, at the time of purchasing, have notice of the pendency of the action by Eliza J. and Levi H. Griffin against Jorgenson, so as to be bound by the judgment ?
' It is true that under the statute as it stood at the time of
At common law, all purchasers from either party, pendente lite,were bound by the result of the action. The statute, by providing for a notice of lis pendens, has to some extent modfied this rule. The act of 1860, c. 60, and also that of 1861,. c. 19, provided for the filing and recording of a notice of the pendency and object of an action affecting real estate, by the plaintiff only; the latter statute declared, that “from the filing of such notice, and from such time only, shall the pendency of the action be notice to purchasers or incumbrancers of the rights and equities of the plaintiff to the real property in said notice described.” A previous clause provided that “when the plaintiff amends his complaint by altering the description of the premises affected thereby, or so as to extend his claim against the premises, he must file a new notice.” The notice was to be, in effect, a notice of what rights and equities were*
The conveyance by those plaintiffs to this defendant was made after the pendency of that action ceased, under the act of 1869, to be notice to purchasers from those plaintiffs, of the
Judgment affirmed.