 | New York (State) - Law - 1880 - 832 pages
...action counterclaim, upon which he demands an affirmative ludejbyde~ «••!•! • tendant, ment affecting the title to, or the possession, use, or enjoyment of, real property, he may, at the time of filing his answer, or at any time afterwards before final judgment, file a like... | |
 | Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1881 - 682 pages
...affecting any right in real estate can result. Section 1670 of the Code provides that in an action brought to recover a judgment affecting the title...the possession, use or enjoyment of real property, the plaintiff may, when h-0 files the complaint, or at any time afterwards before finai judgment, file... | |
 | New York (State) - 1881 - 1532 pages
...recover real property not allowed. § 1670. Notice of pendency of action by plaintiff. — In an action brought to recover a judgment affecting the title...the possession, use, or enjoyment of, real property, the plaintiff may, when he files his complaint, or at any time afterwards before final judgment, file,... | |
 | Austin Abbott - Civil procedure - 1883 - 602 pages
...Civ. Pro., § 1670, — which authorizes the filing of a notice of pendency of action "in an action brought to recover a judgment affecting the title...the possession, use, or enjoyment of real property," — a notice duly filed the court cannot cancel on the ground that the plaintiff has not a sufficient... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...§1673. Where a defendant sets np in his answer a counterclaim, upon which he demands an affirmative judgment, affecting the title to, or the possession, use, or enjoyment of, real property, he may, at. the time of filing his answer, or at any lime afterwards before final judgment, file a... | |
 | Arthur George Sedgwick, Frederick Scott Wait - Land titles - 1886 - 956 pages
...action of ejectment. In New York, it is now provided by statute, that the plaintiff may, in an action brought to recover a judgment affecting the title...the possession, use, or enjoyment of real property, file a notice of the pendency of the action in the clerk's office of each county where the laud is... | |
 | Civil procedure - 1887 - 814 pages
...conducted. . recover real property not 1079. Purchases by certain officers allowed. g 1670. In an action brought to recover a judgment affecting the title...the possession, use, or enjoyment of, real property, the plaintiff may, when he files his complaint, or at any time afterwards before final judgment, h'le,... | |
 | Civil procedure - 1887 - 656 pages
...file a lis pendens when he sets up in hie answer a counter-claim on which he demands an affirmative judgment, affecting the title to or the possession, use or enjoyment of real property. The answer in this action sets np a counter-claim as follows : "6th. And this defendant further answering,... | |
 | Law reports, digests, etc - 1906 - 1270 pages
...respondent. _ CLARKE, J. Section 1670 of the Code of Civil Procedure provides that : "In an action brought to recover a judgment affecting the title...the possession, use or enjoyment of real property » * * the plaintiff may * * * file In the clerk's office of each county where the property is situated... | |
 | Law reports, digests, etc - 1909 - 1286 pages
...PROPERTY. Under Code Civ. Proc. § 1670, providing that a Us pendens may be •filed In an action for Judgment affecting the title to, or the possession, use, or enjoyment of, real property, a lis pendens may be filed In an action to enjoin defendant from Interfering with plaintiff's possession... | |
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In an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of, real property... 
