Arrington v. . Arrington

Citations

• 19 S.E. 351
• 114 N.C. 151

Syllabus

<p>Action to Subject Lands of Devisees and their Vendees to Payment of Decedent’s Debts — Insolvent Estate — Lis Pendens— Constructive and Actual Notice — Bona Fide Purchaser without Notice.</p> <p>1. Under section 229 of The Code, which is a statutory substitute for the common law rule of lis pendens, it is unnecessary to file a separate and formal notice when the action affecting the title to land is pending in the county where the land is situated, provided the pleadings contain the names of the parties, the object of the action and a description of the land to be affected.</p> <p>2. Where the designation of-land in the pleadings is so definite that any one by reading it can learn thereby, either by description or reference, what property is intended to be made the subject of litigation, it is sufficient to constitute lis pendens.</p> <p>3. Though a greater particularity is required when one of several parcels or a part of a single parcel of land is the subject of the litigation, yet, where the entire real estate of a decedent is, in the absence of personal assets, liable to be charged with the payment of his indebtedness and the plain object of the action is to subject the same, a purchaser will be affected with-constructive notice as to any land situated in the county in which the action is pending, especially where the summons includes the devisees of the decedent and the complaint alleges that at the time of his death the decedent ivas seized and possessed of a large quantity of real and personal property which went into the hands of his executors, and that his children, named in the summons and complaint, are his devisees and legatees and each entitled to an equal share of said estate.</p> <p>4. Although, where a suit affecting the title to real estate is prosecuted with diligence, the lis pendens continues until Anal judgment, or until canceled under direction of the Court, and no loss or destruction of the notice will affect its efficiency, yet, where the