Burleson v. McDermott
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. Jeremiah G. Wallace, Judge. 1. An unrecorded mortgage is uot binding upon third persons, though they bave actual knowledge of its existence. 9 Ark. 112 ; 20 id. 190 ; 33 id. 203 ; 40 id. 536 ; 22 id. 136. 2- The doctrine of Us pendens applies to suits to foreclose a vendor’s lien. 16 Ark. 175 ; 29 id. 357; 31 id. 491, 3. As Brown took his mortgag-e after the complaint was filed and summons issued, he was a purchaser pendente lite. Mansf.
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Appeal from Johnson Circuit Court. Jeremiah G. Wallace, Judge. 1. An unrecorded mortgage is uot binding upon third persons, though they bave actual knowledge of its existence. 9 Ark. 112 ; 20 id. 190 ; 33 id. 203 ; 40 id. 536 ; 22 id. 136. 2- The doctrine of Us pendens applies to suits to foreclose a vendor’s lien. 16 Ark. 175 ; 29 id. 357; 31 id. 491, 3. As Brown took his mortgag-e after the complaint was filed and summons issued, he was a purchaser pendente lite. Mansf. Dig. sec. 4967 ; 31 Ark. 491; 11 Am. St. Rep. 848; 19 Pacific Rep.532; 25 id. 963; Bennett on Lis Pendens, secs. 64, 65; 6…
1Opinion of the Court
i. as to méa“o?suits.
BATTLE, J.
A stranger to an action in chancery was not affected by it, at common law, because of purchases made or liens acquired by him prior to the time when the subpoena was served on the defendants, and the bill was filed. Until then he could purchase the property in litigation, or acquire liens thereon, without being subject to the decree that might be rendered in the suit, or being affected by it. Until then there was no lis jpendens as to him. But after this, if he purchased or acquired liens from a party to the action while it was pending, he was, as to the…
2Cases cited5 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Hayden v. BucklinNew York Court of Chancery · 1842
- Montgomery v. BirgeSupreme Court of Arkansas · 1876
- Rothschild's Administrators v. Kohn BrosCourt of Appeals of Kentucky · 1892
- Hale v. WarnerSupreme Court of Arkansas · 1880
3Cited by9 opinions
- Boynton v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Hobbs v. LenonSupreme Court of Arkansas · 1935
- Kansas City Southern Railway Co. v. AkinSupreme Court of Arkansas · 1919
- Barker v. CunninghamSupreme Court of Arkansas · 1912
- Goodyear Tire Rubber Company v. MeyerSupreme Court of Arkansas · 1945
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