Bellamy v Sabine (1857)

Transfer of Property · Lis Pendens

Facts.

Property that was the subject-matter of a pending suit was transferred by a party while the litigation was still going on, raising the question whether the transferee could take free of the eventual decree.

Issue.

May a party to a suit deal with the very property in dispute during the pendency of the suit so as to defeat the other party’s rights under the decree?

Held.

The Court of Chancery held he may not. Turner LJ explained that the doctrine rests on necessity: it would be impossible for any suit to be brought to a successful conclusion if a party could alienate the disputed property pendente lite and thereby defeat the court’s decree. A transferee during the suit therefore takes subject to the decree.

Why it matters.

It is the foundation of lis pendens (s.52) — the transferee pending litigation is bound by the result, even without notice — protecting the integrity of every property suit.

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