ACTION PENDANT.
The proceedings must relate directly to the specific property in question, 1 Strobh.
Eq. So. C. 180 ; tlackf. Ind, 242 : 7 Md.
537 ; Story, Eq. Plead. 351 ; 1 Hilliard, Vend. 411 ; and the rule applies to no other suits. 1 M'Cord, Ch. So. a 252.
3. Filing a judgment creditor's bill con stitutes a lig pendens. 4 Edw. Ch. N. Y. 29. A petition by heirs to sell real estate is not a lis pendens. 14 B. Monr. Ky. 164. The court must have jurisdiction over the thing. 1 McLean, C. C. 167.
Only unreasonable and unusual negligence in the prosecution of a suit will take away its character as a lis pendens, 18 43. Monr. Ky. 230 ; 11 id. 297 ; that there must be an active prosecution to keep it alive. 1 Vern. Ch. 286 ; 1 Russ. & M. 617.
Lis pendens is general notice of an equity to all the world. Ambl. 676 ; 2 P. Will. 282; 3 Atk. Ch. 343 ; 1 Vern. Ch. 286 ; 3 Hayw. No. C. 147; 1 Johns. Ch. N.Y. 556.
4. A voluntary assignment during the pendency of a suit does not affect the rights of other paaties, if not disclosed, except so far as the alien action may disable the party frorn performing the decree of the court, Story, Eq. Plead. 351 ; 15 Tex. 495 ; 22 Barb. N. Y. 666: as in case of mortgage by tenant in common of his undivided interest; and subsequent partition. 2 Sandf. Ch. N.Y. 98.
An involuntary assignment, as under the bankrupt or insolvent laws, renders the suit so defective that it cannot be prosecuted if the defendant objects. 7 Paige, Ch. N. Y. 287 ; 1 Atk. Ch. 88; 4 Ves. Ch. 387 ; 9 Wend. N. Y. 649 ; 1 Hare, 6215 Story, Eq. Plead. 349. Not if made under the bankrupt law of 1841. 27 Barb. N. Y. 252.
The same may be said of a voluntary as signment of all his interest by a, sole corn plainant. 5 Hare, 223 ; Story, Eq. Plead. 349.
5. An alienee, during the pendency of a suit, is bound by the proceedings therein subsequent to the alienation, though before he became a party. 4 Beav. Rolls, 40 ; 5
Mich. 456 ; 22 Barb. N. Y. 166 ; 27 Penn. St. 418 ; 5 Du. N. Y. 631 ; 7 Blackf. Ind. 242.
Purchasers during the pendency of a suit are bound by the decree in the suit without being made parties. 1 Swanst. 55 ; 4 Russ. 372; 1 Daniell, Ch. Pract. 375 ; Story, Eq. Plead. 351 a; 32 Ala. w. s. 451; 11 Mo. 519; 30 Miss. 27 ; 12 La. Ann. 776; 6 Barb. N. Y. 133 ; 22 id. 166 ; 27 Penn. St. 418 ; Eng. 421 ; 16 III. 225 ; 5 B. Monr. Ky. 323 ; 4 Dan. Ky. 99 ; 9 B. Monr. Ky. 220 ; 12 id. 600 ; 11 Ind. 443 ; 2 Hilliard, Vend. 311.
6. So also is a purchaser during a suit to avoid a conveyance as fraudulent. 5 T. B. Monr. Ky. 373 ; 6 B. Monr. Ky. 18.
Lis pendens by a mortgagor under a prior unrecorded mortgage is notice to a second mortgagee. 9 Mb.. N. s. 921. But see 2 Rand. Va. 93.
The rule does not apply where a title im perfect before suit brought is perfected dur ing its pendency. 4 Cow. N. Y. 667 ; 14 Obio 323.
A 'debtor need not pay to either party pen dente lite. 1 Paige, Ch. N. Y. 490.
The doctrine of lis pendens is an equitable doctrine.
7. In law, the same effect is produced by the rule that each purchaser takes the title of his vendor only. 11 Md. 519 ; 27 Penn. St. 418; 6 Barb. N. Y. 133; 30 Miss. 27 ; 5 Mich. 456 ; 1 Hilliard, Vend. 411. The doctrine of lis pendens is modified in many of the states of the United States, and by statutes requiring records of the attachment to preliminary proceedings to be made, and constituting such records notice. See stet. 2 Viet. c. 11, 7 ; and Rev. Statutes of the vari ous states.