the lien of street assessments 34 and to condemnation proceedings.35 The rule is applicable to purchasers at sheriffs' sales to the same extent as if the alienations were voluntary.3

Although the action or suit is of such a character that it must necessarily affect the property of the parties, or some of them, as pendente lite purchasers, they will not be bound by the judg ment unless the particular property is so described that an independent purchaser, upon reading it, will be able to ascertain therefrom what property is to be affected by the judgment, or will, at least, be placed in possession of information making it his duty to prosecute further inquiries.37

§ 1110. New notice necessary, when.-The effect of a notice. of lis pendens is not ordinarily destroyed by an amendment to the complaint;38 but as to any new cause of action introduced by an amendment, and as to property first described thereby, there is no lis pendens prior to the date of the filing of the amendment.39 Where an amendment brings in new parties, the filing of the amendment renders necessary the filing of a new notice in order to affect purchasers under it. The filing of a new notice is, of course, not necessary in case of the addition of new parties, except as to such new parties, so that when they are subsequently stricken out no new notice is necessary."

40

required.-Unreasonable

§ 1111. Diligence in prosecution delay in the prosecution of a case in which a lis pendens has been filed, or in reviving it after its dismissal, will operate to deprive the party filing the notice of its benefit;42 but mere delay or lapse of time in the prosecution of a suit will not create any estoppel against the right to enforce the rule of lis pendens, unless the plaintiff has been so negligent in its prosecution as to induce the belief that such prosecution had been abandoned.43 In an Oregon case, in which this question arose," the court said:

34 Page v. W. W. Chase Co., 145 Cal. 578, 79 Pac. 278.

35 Portland etc. Ry. Co. v. Ladd, 47 Wash. 88, 91 Pac. 573.

36 Cooley v. Brayton, 16 Iowa, 10; Hart v. Marshall, 4 Minn. 291.

37 Havemeyer v. Superior Court, 84 Cal. 327, 18 Am. St. Rep. 192, 24 Pac. 121, 10 L. R. A. 627.

38 Brock v. Pearson, 87 Cal. 581, 25 Pac. 963.

39 Norris v. Ile, 152 Ill. 190, 43 Am. St. Rep. 233, 38 N. E. 762.

40 Marchbanks v. Banks, 44 Ark. 48, Curtis v. Hitchcock, 10 Paige, 399. 41 Waring v. Waring, 7 Abb. Pr. 472.

42 Pipe v. Jordan, 22 Colo. 392, 55 Am. St. Rep. 138, 45 Pac. 371.

43 Norris v. Ile, 152 Ill. 190, 43 Am. St. Rep. 233, 38 N. E. 762.

44 Bybee v. Summers, 4 Or. 361.

"After the lapse of so long a time as ten years, little opportunity would be afforded a purchaser to ascertain the condition of the title which he might be looking up, so far as it might be affected by the pendency of the legal proceeding, for the reason that papers are liable to be mislaid and the case omitted from the docket, and a new clerk might in the mean time come in who would have no personal knowledge of the former proceedings, and a purchaser under the circumstances, would be very liable to fail to get information of the pendency of the case."

§ 1112. Effect of dismissal.-Where an action has been dismissed or otherwise discontinued, and afterwards reopened or revived, a purchaser during the interval is not bound by the notice filed at the commencement of the action; the dismissal of the first suit terminates the effects of the lis pendens, and it is not revived by a second proceeding.45

FORMS OF LIS PENDENS.

§ 1113. In an action to foreclose a mechanic's lien.

Form No. 369.

[TITLE OF COURT AND CAUSE.]

Notice is hereby given, that an action has been commenced and is pending in the above-named court, upon a complaint of the above-named plaintiff against the above-named defendant; that the object of said action is to foreclose and enforce a mechanic's. lien upon the premises hereinafter described, and the dwellinghouse [or, the building, describing it] situate thereon, for work, labor, and services performed [and materials furnished] in and about the erection of said dwelling-house [or other building], such lien having attached to said property pursuant to the laws of the state of..., and amounting to the sum of . . . dollars, together with the costs of this action; and that said action affects the title to the real estate described as follows, to-wit: [Here insert accurate description of the property affected as the same is described in the complaint or petition.]

Dated

19 ..

45 Pipe v. Jordan, 22 Colo. 392, 55 Am. St. Rep. 138, 45 Pac. 371; AI

J. K., Plaintiff's Attorney.

lison v. Drake, 145 Ill. 500, 32 N. E. 537.

§ 1114. In an action to establish a trust.

Form No. 370.

[TITLE OF COURT AND CAUSE.]

Notice is hereby given, that an action has been commenced and is pending in the above-named court, upon a complaint of the above-named plaintiff against the above-named defendant; that the object of said action is to establish in favor of the plaintiff a trust in the lands hereinafter described, and to compel the defendant to convey the said premises to the plaintiff; and that said action affects the title to the real estate described as follows, towit: [Here insert accurate description of the property affected as the same is described in the complaint or petition.]

Notice is hereby given, that an action has been commenced and is pending in the above-named court, upon a complaint of the above-named plaintiff against the above-named defendant; that the object of said action is to enforce the specific performance of a certain contract in writing made between the plaintiff and one C. D., dated . . ., 19.., and recorded in the office of the register of deeds of . county, on the . . . day of . . . 19. ., in book on page by which contract the said C. D. agreed, among other things, to convey to the plaintiff, his heirs or assigns, the premises hereinafter described, upon due payment of the consid eration therein named and performance of the other terms of said contract, and said contract having been duly performed by the plaintiff on his part; and that said action affects the title to the real estate described as follows, to-wit: [Here insert accurate description of the property affected as the same is described in the complaint or petition.]

Dated . . ., 19 . . .

J. K., Plaintiff's Attorney.

§ 1116. Notice of pendency of action of ejectment.

Notice is hereby given, that an action has been commenced in the superior court of the state of . . ., in and for the city and county

of . . ., by the above-named plaintiff against the above-named defendant, to recover certain real estate and the possession thereof with damages for the withholding thereof; and that the premises affected by this suit are situated in the said city and county, and are bounded and described as follows, to-wit: [Describe property.] [DATE.] [SIGNATURE.]

§ 1117. Lis pendens, in an action in which a warrant of attachment affecting real property has been issued. (S. Dakota.)

[TITLE.]

Form No. 373.

Notice is hereby given that an action has been commenced and is pending in the above-named court, upon a complaint of the above-named plaintiff against the above-named defendant; that the object of said action is to recover judgment upon a promissory note executed and delivered by the defendant, C. D., to the plaintiff for the sum of . . . dollars [or, otherwise state the object of the action and the relief demanded] and that a warrant of attachment was on the . . . day of . . ., 19.., duly issued out of this court in this action against the defendant C. D., and directed to the sheriff of the county of . . ., and delivered to him for execution, whereby the following real property is intended. to be affected [here describe accurately the property attached]. Dated. ..., 19..

E. F., Plaintiff's Attorney.

§ 1118. Notice of suit in foreclosure.

[TITLE.]

Form No. 374.

Notice is hereby given, that a suit has been commenced in said. court by the above-named plaintiff against the above-named defendant, which suit is now pending; that the object of said suit is to foreclose and determine the lien of a certain mortgage, of date

, executed by said defendant to said plaintiff, and recorded in the recorder's office of said county of . . . , in volume . . . of mortgages, at page . . . ; and to foreclose the defendant's equity of redemption in and to the premises described in said mortgage. Said premises are described as follows, viz.: [Insert description.] [DATE.] E. F., Attorney for Plaintiff.

§ 1119. Notice-Foreclosure-Pendency of action.

Form No. 375.

[TITLE OF COURT AND CAUSE.]

Notice is hereby given, that an action has been commenced in the superior court of the city and county of San Francisco, state of California, by the above-named plaintiff against the abovenamed defendant, for the foreclosure of mortgage, made the . . . day of . . ., 19.., by R. R. to J. D., and recorded in the office of the county recorder of the city and county of San Francisco, state of California, on the . . . day of . . ., 19. ., in liber . . . of mortgages, page and that the premises thereby conveyed described in said complaint and affected by this suit, are situated in the said city and county, state of California, and are described as follows, to-wit: [Description of property.]

Notice is hereby given, that an action has been commenced in the superior court of the state of . . ., in and for the county of . . ., by the above-named plaintiff against the above-named defendant, which suit is now pending; that the object of said suit is to obtain partition between plaintiff and defendant of the premises mentioned in the complaint in said action, and hereinafter described, according to the rights of the parties therein; that the premises affected by the suit are situated in said city and county, and are described as follows, to-wit: [Describe property.] [DATE.]

E. F., Attorney for Plaintiff.

§ 1121. Notice of pendency of action to quiet title.

Form No. 377.

[TITLE.] Notice is hereby given, that an action has been commenced in the superior court of the state of. . ., in and for the county of by the above-named plaintiff against the above-named defendant, to quiet title to the premises and real estate mentioned in the complaint in the said action, and hereinafter described, and to determine all and every claim, estate, or interest therein of said defendants, or either or any of them, adverse to the said plaintiff;