Crooker v. Crooker
Crooker v. Crooker
Opinion of the Court
Whoever takes a title to property in litigation, pendente lite, will be bound by the judgment or decree in the suit; If the law were otherwise the whole object of a long and expensive course of litigation could, at any moment, be defeated by a transfer of the subject-matter of the suit. And as the records of our court are open to the inspection of all, and every one who chooses to do so can easily ascertain whether there is any suit pending which is likely to affect the title of property which he contemplates purchasing, there is no hardship in the rule. 1 Story’s Equity, §§ 405, 406, and authorities there cited.
So far as the rights of the parties to that suit are concerned, and the rights of the creditors for whose benefit in part it was prosecuted, the levy in question was a nullity, and the title to the real estate levied on did not pass to James Houdlette, and he could convey none to the plaintiff. The plaintiff’s title, therefore, fails, and he cannot have the partition prayed for.
Prayer of the petition denied.
Reference
- Full Case Name
- James A. Crooker, for partition v. Charles Crooker
- Status
- Published