Trumbull v. Jefferson County

Citations

• 60 Wash. 479
• 111 P. 569
• 1910 Wash. LEXIS 1075

Syllabus

<p>Appeal — Dismissal—Cessation of Controversy — Record — Conclusiveness — Affidavits. A cessation of tbe controversy, by reason of a transfer of tbe interests of one of tbe parties prior to the trial or to the making up of the issues, cannot be shown in the supreme court by affidavits contradicting the record made by the- judgment and statement of facts, no mention of such transfer having been made in the pleadings or proceedings and no notice having been taken thereof until after appeal taken.</p> <p>Lis Pendens — Rule of — Effect—Appeal—Benefit of. After the filing of a Us pendens, a grantee of the real estate, the subject-matter of the suit, is entitled to the benefit of an appeal taken by his grantor, the rule of Us pendens being that the action may proceed without any notice being taken of the grantee pendente lite.</p>