Massachusetts Bonding & Insurance v. Knox

When an action is instituted to foreclose a duly registered deed of trust, must notice of the proceedings be cross-indexed as required by C. S., 501, so as to protect the mortgage creditor against subsequent purchasers from the mortgagor or his assigns who are parties to the action? We answer in the negative.

The law of lis pendens stems back to the Eoman law where the rule was “a thing concerning which there is a controversy is prohibited during suit, from being alienated.” The same rule was formulated and adopted by Lord Bacon, thereafter becoming firmly fixed in the English law, inherited…