Wayside Development Co. v. Post

BOLIN, Judge.

Wayside Development Company entered into a written contract with Jack L. Smith for Smith to service and lease properties located in Wayside’s shopping center in exchange for a recited consideration. This contract was recorded in the public mortgage records. Several years later Smith sued Wayside and the then owner of the property for money allegedly due him under the service contract. In connection with that suit Smith caused a notice of lis pendens, describing the leased property, to be filed in the conveyance and mortgage records. By this action Wayside and the present owner of…