Eldridge v. Stenger

Citations

• 19 Wash. 697
• 54 P. 541
• 1898 Wash. LEXIS 451

Syllabus

<p>APPEAL — SERVICE OF NOTICE — LIS PENDENS — EXECUTION BY ATTORNEY— WHEN UNEFFECTIVE AS NOTICE.</p> <p>The rule requiring service of notice of appeal on all parties wbo do not join in the appeal does not apply in cases where one named as a party has never in any way appeared in the action.</p> <p>A lis pendens notice may properly be signed by the attorney of the party desiring to file it as well as by the party himself.</p> <p>Under Laws 1893, p. 413, providing that every person whose conveyance or incumbrance is executed or recorded subsequently to the filing of Us pendens notice shall be deemed a subsequent purchaser- or incumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he were a party to the action, one who has taken a mortgage with knowledge of an outstanding unrecorded deed of the premises cannot bind the holder of the unrecorded deed by filing notice of Us pendens upon the institution of a suit to foreclose his mortgage.</p>