Inloes' Lessee v. Harvey

Le Grand, C. J., delivered the opinion of this court. There is but one question involved in this case, and we think the Superior Court decided it correctly. It is, whether a purchaser pendente lite is bound by the judgment rendered against the party from whom he makes the purchase ? This was ais action of ejectment brought by the appellant to recover certain property of which he had been dispossessed under a writ of habere facias possessio?iem.

The defence was, that in an equity proceeding against the person under whom he claimed? to set aside a conveyance alleged to have been made fraudulently, a decree was passed in conformity with the prayer of the bill, and the property secured to the complainant, and that during the pendency of this proceeding, the appellant purchased the property in question from the defendant. The Superior Court, in fact, decided that the appellant? being a purchaser pendente lite, was concluded by the decree in the equity proceedings, and, notwithstanding the very ingenious argument of the counsel for appellant, we are of opinion, decided correctly. We might cite many cases in affirmance of this view, but we content ourselves with a reference to sections 405 and 406 of 1 Story's Eq. Jur.) where will be found, Stated with clearness, the law applicable to the subject, and the reasons of public policy on which it rests.

In section 405 it is said: “A purchase made of property actually in litigation, pendente lite, for a valuable consideration, and without any express or implied notice in point of fact, affects the purchaser