Dill v. Bush

Citations

• 86 Wash. 525
• 150 P. 1162
• 1915 Wash. LEXIS 1218

Syllabus

<p>Vendor and Purchaser — Bona Fide Purchaser — Constructive Notice — Attachment — Recordation — Lis Pendens. In an action commenced in one county, not affecting the title to land, an attachment levied upon land in another county, the title to which is in the defendant, by filing and recording in the auditor’s office of such other county a copy of the writ and notice of the levy, as required by Rem. & Bal. Code, § 659, and indexed with defendant as grantor and plaintiff as grantee, as required by Id., § 8787, constitutes a valid lien upon the property to the extent of any judgment entered, preserving the lien, and is constructive notice to a subsequent purchaser from the attachment debtor, without the filing of any notice of Us pendens; notwithstanding Id., § 243, relating to the commencement of actions, provides that, in actions affecting title to real property, or whenever a writ of attachment of property shall be issued, the plaintiff may file with the auditor a notice of Us pendens; since under § 8787, supra, the notice of Us pendens is to be recorded and indexed in the same manner as a writ of attachment and notice of levy, and it was not intended to require the recording of both in the same place, in case of an attachment.</p>