Bank of Tupelo v. Motley

Citations

• 127 Miss. 674
• 90 So. 435

Syllabus

<p>Lis Pendens. Party taking deed of trust with notice of pending suit takes subject to suit and cannot attack decree therein in independent suit.</p> <p>Where a bank took a deed of trust on property embraced in a suit to ■set aside the deed of its grantor on the ground that such a deed was procured by fraud, and where a lis pendens notice was filed of record in such suit at the time of its taking its deed of trust, it takes subject to the suit; and if it falls to intervene in said suit it cannot attack the decree thereafter in an independent suit on the ground that the allegations in such bill were not true in fact.</p>