Baird v. Corwin

<p>1. After the institution of an action of partition, the plaintiff conveyed his interest in the land to persons who were not parties to the proceeding. Held, that such conveyance imposed no obligation on the parties to the action to notify the purchasers of the subsequent proceedings in the action of partition. Ids pendens was of itself notice.</p> <p>2. The sale of the land under the proceedings in partition was a conclusive defence to the claim of the grantees of the plaintiff, pendente lite.</p> <p>3. The plaintiff in the partition, previous to the issuing of the writ of partition, executed a mortgage of the land for purchase-money due upon it. The land was subsequently sold under the proceedings in the partition, and the mortgagee claimed and received his portion of the proceeds of sale. He after-wards assigned the balance due and unpaid on the mortgage bonds: it was Tie Id, that the acceptance of the proceeds of sale of the mortgaged premises was a bar to any claim to the land by the assignees of the mortgage, who claimed it as passing with the transfer of the bonds.</p>