The book American Law And Procedure volume 5 was written by author Weyman Lee Here you can read free online of American Law And Procedure volume 5 book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is American Law And Procedure volume 5 a good or bad book?
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Thus suppose A conveys to B, and B obtains the conveyance by fraud. A sues B for a re-conveyance and obtains a decree in his favor. If, before any decree is rendered against B but after service of process upon him, B conveys to C, who takes without actual notice, C will nevertheless take subject to the decree afterwards entered against B and must convey to A. This is known as the application of the doctrine of lis pendens (pendency of suit). Such a (1) Earl V. Flske, 103 Mass. 491. VoL V— 18 17...2 TITLE OF REAL ESTATE rule was necessary in order that litigation might not be prolonged indefinitely by transfers pending the suit, and so that a suit might not in the end result in a futile decree. Now suppose A has an unrecorded claim against B by way of mortgage, and A files a suit to foreclose against B, and B is served with process. B, then, before the final de- cree, conveys to a purchaser for value without notice. Subsequently the decree against B to foreclose is entered. Will it bar the right of the purchaser for value without notice?
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