Staples v. White, Handley & Co.

As to strangers to a pending suit, the constructive notice of Us pendens, where only such notice is relied upon, begins with the service of the subpoena upon the material defendants to the suit pending. Tharpe v. Dunlap, 4 Heis., 674; Williamson v. Williams, 11 Lea, 363. It is not, however, essential, where the notice of Us pendens is pleaded or relied upon in answer, that it shall be averred that the subpoena had been served at the time the complainant had acquired an interest in the property involved in the pending litigation. This fact must, however, be shown, for the Us pendens only…