Bowers v. Pearson

Where a mortgage foreclosure suit is started, and a Us pendens filed, the Us pendens can only affect transfers and assignments which are made after the suit is started and after the lis pendens is filed. Baker v. Bartlett, 56 Am. St. Rep. 594; Wingfield v. Neall, 116 Am. St. Rep. 882. The decree of the U. S. Court referred to in the plea in this case was therefore not binding on the appellant as assignee of the mortgage, who never was miade a party, actually or constructively, in the U. S. Court suit, and whose assignment of mortgage antedated the filing of such suit. The assignment is…