Lis Alibi Pendens

A suit pending elsewhere. The fact that proceedings are pending between a plaintiff and defendant in one court in respect to a given matter is frequently a ground for preventing the plaintiff from taking proceedings in another court against the same defendant for the same object, and arising out of the same cause of action. Kapalje & L. LIS MOTA (Lat.) A controversy begun i. e., on the point at issue, and prior to commencement of judicial proceedings. Such controversy is taken to arise on the advent of ttie state of facts on which the claim rests; and after such controversy has arisen (post litem motam), no declarations of deceased members of family as to matters of pedigree are admissible. 6 Car. & P. 560; 4 Campb. 417; 2 Russ. & M. 161; Greenl. Ev. §§ 131, 132; 4 Maule & S. 497; 1 Pet. (U. S.) 337; 26 Barb. (N. Y.) 177. LIS PENDENS (Lat.) A pending suit. The control which a court has, during the pendency of an action, over property involved therein. Bennett, Lis Pendens, § 2. ' The property involved is the res. Its character remains fixed during the litigation, and this litigated or contested quality is called res Utigioaa. Us pendens, notice of lis pendens, and rul^ lis pendens, when used without reference to a statute defining their meaning, are synonymous terms. Bennett, Lis Pendens, §§2, 59. One who purchases property pending an maxim of the law being pendente lite nihil hnweei Mr, All real property la aubjeot to Ue pend&ne (45 N. H. 517), and all personalty (87 Pa, St. 858$ 28 Wis. 1), except negotiable paper (103 U. S. 806; 48 N. Y, 618). To constitute Us p&ndena there must be an action actually commenced (27 Mo. 560) in a court of competent jurisdiction, involving the title to particular property (13 R. L 102), to which the claimant of the property is a party (24 Iowa 155), and the property must be sufficiently described in the pleadings so that it can be identified by reasonable inquiry (4 Johns. Ch. [N. Y.] 39).

A suit pending elsewhere. The fact that proceedings are pending between a plaintiff and defendant in one court in respect to a given matter is frequently a ground for preventing the plaintiff from taking proceedings in another court against the same defendant for the same object and arising out of the same cause of action. Sweet.

Defined under Lis in Black's Law Dictionary.

A suit pending elsewhere. Tho fact that proceedings are pending between a plainliff and defendant tiff from taking proceedings in another court against the same defendant for the same object and arising out of the same cause of action. Sweet.