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NeCede's

Maxim 8.6.23

Alienation pending a suit is void.

Source: Branch, Max. 117; Weisman, 99ee Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A transfer of property made while a lawsuit concerning that property is pending is void — the law prevents parties from defeating the court's jurisdiction by disposing of the subject matter during litigation.

Where this applies

  • A homeowner who sells his house to a friend while a lawsuit over that house is pending finds the sale voided by the court.
  • A company transfers a disputed patent to a subsidiary during litigation, and the court declares the transfer void because alienation during a pending suit is prohibited.
  • A debtor who signs over his car title to a relative while being sued for a debt finds that the transfer is legally meaningless because property cannot be moved during active litigation.

Legal domains

Cite this maxim

NeCede Max. 8.6.23 — Alienation pending a suit is void. — Branch, Max. 117; Weisman, 99ee

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