Fernwood Lumber Co. v. Meehan-Rounds Lumber Co.

Citations

• 85 Miss. 54

Syllabus

<p>1. Chancery Courts. Jurisdiction. Fraudulent conveyances. Code 1893, l 503. Lis pendens. Code 1893, gg 3783-3789.</p> <p>The provision oí Code 1892, § 503, enlarging the chancery court jurisdiction of bills by creditors to vacate fraudulent conveyances, that the creditor shall have a lien on the property from the filing of his bill, except as against bona fide purchasers before the service of process on the defendant, is not affected by Code 1892, §§ 2782-2789, the chapter on lis pendens, the two statutes referring to different classes of litigants.</p> <p>2. Same. Practice. Process. Non-resident defendants. Code 1893, § 3431. When service complete.</p> <p>A non-resident defendant in chancery, under Code 1892, §3421, regulating process by publication and mailing for such defendants, is not served with process so as to authorize proceedings against him as if personally served until the completion of the required publication, and, in case his postofiice be known, the proper mailing of a summons to him.</p> <p>3. Same. Concrete case.</p> <p>Where, in a suit under Code 1892, § 503, supra, to set aside a conveyance as fraudulent, a Us pendens notice was filed, under Code 1892, §§ 2782, 2789, supra, but the grantee in the deed, a nonresident defendant, without actual notice of the suit, conveyed the property to a bona fide purchaser before the completion of the publication and mailing of process against him, under Code 1892, § 3421, supra, the purchaser will be protected in his title.</p>