Decrees ordinarily bind only parties and their privies; but a pending action shall be a general notice of an equity or claim to all the world from the time the action is filed and docketed. If the same is duly prosecuted and is not collusive, one who purchases pending the final outcome of the litigation shall be affected by the decree rendered therein.
(Civil Code 1895, § 3936; Civil Code 1910, § 4533; Code 1933, § 37-117.)
RESEARCH REFERENCES17 Am. Jur. Pleading and Practice Forms, Lis Pendens, § 2 et seq.
C.J.S.- 54 C.J.S., Lis Pendens, §§ 2, 38.
ALR.
- Judgment in favor of less than all parties to contract as bar to action against other parties, 2 A.L.R. 124.
Statute requiring filing of formal notice of lis pendens in certain classes of cases as affecting common-law doctrine of lis pendens in other cases, 10 A.L.R. 306.
Judgment in action on commercial paper as affecting party to the paper who was not party to the suit, 34 A.L.R. 152.
Sufficiency of notice or knowledge of pendency of action against covenantee or his privy in order to bind the covenantor by judgment, 34 A.L.R. 1429.
Conclusiveness of decree assessing stockholders of insolvent corporation as against nonresident stockholders not personally served within the state in which it was rendered, 48 A.L.R. 669; 175 A.L.R. 1419.
Lis pendens as affecting property in county or district other than that in which action is pending, 71 A.L.R. 1085.
Doctrine of lis pendens as applied against one who takes deed pending action pursuant to executory contract entered into before action commenced, 93 A.L.R. 404.
Judgment as conclusive as against, or in favor of one not a party of record or privy to a party, who prosecuted or defended suit on behalf and in the name of party, or assisted him or participated with him in its prosecution or defense, 139 A.L.R. 9.
Decree on bill of review reversing prior decree as affecting purchaser or mortgagee of real property in the interval between the original decree and the filing of the bill of review, 150 A.L.R. 676.
Necessity of filing notice of lis pendens in suit to contest a will, 159 A.L.R. 386.
Judgment in death action as precluding subsequent personal injury action by potential beneficiary of death action, or vice versa, 94 A.L.R.3d 676.