Collingwood v. . Brown

Citations

• 10 S.E. 868
• 106 N.C. 362

Syllabus

<p>Lis Pendens — Common Law — Notice—Deed —Registration— Subsequent Purchasers — Judgment—Parties.</p> <p>1. B. commenced an action for recovery of land, in the Superior Court. Complaint and answer were filed, and judgment was obtained declaring B. the owner in fee. Previous to the commencement of the action, the defendant had executed a deed to one C., which _ was not recorded until after the filing of the complaint and answer: Held, that the judgment rendered thereon took priority over the unrecorded deed.</p> <p>2. The Sling of the complaint and answer describing the property and putting in issue the title to the land, and substantially containing all the requisites of a lis pendens, was a sufficient lis pendens under our statute.</p> <p>3. The statute prescribes that a lis pendens shall be as effectual against subsequent purchasers as if they were made parties — and this, although plaintiffs had actual notice of their unrecorded deeds.</p> <p>4. The title of such purchasers begins, as against the party who has taken the benefit of his purchase, only from the date of registration.</p> <p>5. The common law rule of lis pendens requiring, as it does, every one to take notice of what passes in a Court of justice, would be effectual, as notice, in several counties, and is modified bv our statute, which makes it effectual in the county where the land lies.</p>