62 So. 643 | Miss. | 1913
delivered the opinion of the court.
Appellee filed his bill in the court below, alleging that he was the owner of the land in controversy, and praying that the claims of appellants thereto.be canceled as clouds on his title. From a decree in his favor this appeal is taken.
No deed was ever executed pursuant to this agreement ; but in 1903, eight years thereafter, Schell executed and delivered a deed to the land to appellee herein, the husband of the plaintiff in the attachment suit. Why this deed was made to appellee, instead of his wife, does not appear from the record. While this attachment suit was pending, Schell conveyed the land, for a valuable consideration, to John W. Munson, and through him appellants claim by mesne conveyances. Neither Munson nor appellants had any actual knowledge or notice of the attachment suit, or of the agreement under which it was dismissed, having only such notice relative thereto as they are charged with by law by reason of the filing of the lis pendens.
The filing of a lis pendens does not prevent or make unlawful the sale of the land to be affected by 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. In the case at bar, Munson purchased the land subject only, in so far as this attachment suit is concerned, to the right of the plaintiff therein to have it
The fact that, when Munson purchased the land, it was subject to a vendor’s lien in favor of the plaintiff in the attachment suit, is immaterial. The purchaser, of land subject to a vendor’s lien can be divested of his 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.
Reversed and bill dismissed; appellee to pay costs here and in the court below.
Dismissed.