Lis

A controversy; a dispute; particularly, a legal controversy; an action or proceeding in law.

Lis mota

A controversy begun; a dispute arisen. This refers to the origin of a controversy, before judicial proceedings are taken; and the term is used to express the distinction between declarations made ante litem motam and post litem motam, which is important in settling the admissibility of such declarations as evidence in matters of pedigree.

Lis pendens

A suit pending; the actual pendency of a judicial proceeding. A term frequently used to denote the pendency of a proceeding, actual or constructive notice of which will affect rights of persons not parties to the proceeding in the property which is the subject-matter of, or is affected by, the proceeding. In equity practice, filing the bill and serving a subpoena generally created a lis pendens. Statutes in many of the United States require the filing of a notice of the lis pendens to be effectual, as such, where real property is intended to be affected by the suit. Inasmuch as any suit or action involving title would, when decided, naturally affect the land according to its result, in whosesoever hands the land might be at the date of the decision, Stat. 2 & 3 Vict. ch. 11, § 7, enacted that no lis pendens, unless or until the same was registered, and duly re-registered, should bind a purchaser or mortgagee not having express notice thereof.

By the Stat. 13 & li Vict. ch.

35, § 17, a special case to which appearances have been entered is made a lis pendens.

Lastly, by Stat. 30 & 31 Vict. ch.

47, § 2, if a suit or action is not prosecuted in a bona fide manner, the court may order the registration of it as a lis pendens to be vacated, and that even without the consent of the person registering the same.

Brown.