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· 3/15/1913

Glattli v. Bradford

Citations

  • 105 Miss. 573
  • 62 So. 643

Syllabus

<p>1. Lis Pendens. Purchasers pending suit. Vendor and' purchaser. Vendor’s lien. Enforcement against subsequent purchaser.</p> <p>The filing of a Us pendens in an attachment suit against lands does not prevent or make unlawful the sale of the land to he affected hy the suit in which the notice is filed, except to the extent that parties purchasing the land pendente lite take it subject to the rights of the parties to the suit as it may be finally determined, and such purchasers are not bound by an agreement, in which they did not participate, made by the parties to the suit, to otherwise dispose of the land, and the fact that this agreement was approved by the court in which the case was pending is immaterial.</p> <p>2. Same.</p> <p>The purchaser of land subject to a vendor’s lien can be divested of the title thereto, by virtue of this lien, only by means of a sale made pursuant to a decree entered in a proceeding, to which he is a party, instituted for the purpose of foreclosing the lien.</p>

Judges: Smith

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