W. H. Gallaspy's Sons Co. v. Massey

Citations

• 99 Miss. 208
• 54 So. 805

Syllabus

<p>1. Husband and Wife. Divorce and alimony. Lis pendens. Code 1906, sections 1673 mid 3148.</p> <p>A wife’s right to alimony constitutes such an interest in her husband’s real estate as that she may take advantage of the lis pendens statute Code 1906, section 3148 to protect such interest.</p> <p>2. Divobce. Alimony. Lis pendens. Code 1906, section 1673.</p> <p>Where a wife files a bill for divorce from her husband and prays for alimony as provided in Code 1906, section 1673 and in her bill describes the real estate of her husband and asks that a lien be established thereon for the alimony allowed her, and at the same time has a notice put on the Us pendens docket of the county to the effect that she had instituted a suit for alimony involving this land, and afterwards a decree is rendered reciting that a lien was thereby established on the property described in the bill and previously placed on the lis pendens docket, she acquires a lien superior to a deed of trust executed by the husband alone after the filing of the Us pendens notice.</p>