150 Ind. 403 | Ind. | 1898
The appellee sued the appellant to quiet title to certain described real estate in the city of Indianapolis. The issues made were tried by the court, resulting in a special finding of the facts, whereon
The substance of the facts found are, that on November the 8,1894, Walter D. Sharts was the owner in fee simple of the real estate described in the complaint, and on that day the plaintiff Holloway commenced his action in the court below against said Walter D. Sharts for specific performance of a certain contract in writing by and between said defendant Sharts and said plaintiff Holloway, by which the former agreed to convey said real estate to the latter in consideration whereof the latter agreed to convey certain other real estate to the former; that at the same time said plaintiff filed with the clerk of the circuit court of Marion county a written lis pendens notice setting forth a description of the real estate described in the complaint, and the nature of the plaintiff’s rights and interest sought to be enforced against the same, which notice was immediately recorded in the lis pendens record by the clerk of said circuit court. Such proceedings were had in said action that a decree was entered in said cause on December 16, 1895, and said Walter D. Sharts was ordered by said decree to convey said real estate to the plaintiff, and on failing to do so, a commissioner was appointed to make such conveyance. And the plaintiff was ordered by the court to convey said other real estate to said Sharts, in which the wife of the plaintiff Holloway should join. Plaintiff Holloway made such conveyance, his wife joining therein, and said Walter D. Sharts refusing to make such conveyance he was so ordered to make, the said commissioner conveyed the property described in the complaint herein to the plaintiff Holloway, on December 26, 1895, pursuant to said order.