Pegram v. TOMRICH CORPORATION

Plaintiff appellant’s sole assignment of error is to entry of the order vacating his notice of lis pendens. In this State the com mon law rule of lis pendens has been replaced by statute, G.S. 1-116 to G.S. 1-120.1; Cutter v. Realty Co., 265 N.C. 664, 144 S.E. 2d 882. The applicable statute, G.S. 1-116(a), describes three types of action in which a notice of pending litigation may be filed:

“(1) Actions affecting title to real property;

“(2) Actions to foreclose any mortgage or deed of trust or to enforce any lien on real property; and

“(3) Actions in which any order of attachment is issued and…