In  that  case  a  notice  was  served  upon  the  plaintiff
of  a  motion  to  admit  the  defendant  to  defend  under
this  statute.
Before  any  rule  was  entered  on  the  subject,  a  con-
veyance was  made  by  a  party  who  had  acquired  title
under  the  judgment  to  a  purchaser  in  good  faith  and
without  notice  of  the  proposed  motion,  and  it  was  held
that  the  grantee  acquired  a  valid  title.
The  mere  notice  of  the  application  did  not  consti-
tute a  lis  pendens.  The  lis  pendens  of  the  former  suit
had  ceased  upon  the  entry  of  the  judgment.  A  new  lis
pendens  would  not  accordingly  commence  until  the
court  in  pursuance  of  the  notice  should  make  an  order
granting  leave  to  defend.  (1)

When  lis  pendens  in  bill  for  alimony.
Sec.  219.  The  general  doctrine  undoubtedly  is  that
a  bill  filed  merely  for  alimony  and  maintenance  is  not
a  lis  pendens  so  far  as  relates  to  the  property  of  the  de-
fendant, yet,  where  specific  property  is  described  and
shown  *to  be  the  only  or  nearly  the  only  property
owned  by  the  defendant  and  the  residence  of  the  pe-
titioner, and  the  property  is  so  described  in  the  bill  as
to  be  drawn  within  the  jurisdiction  of  the  court,  so  to
speak,  there  will  be  a  lis  pendens  as  to  such  property
and  a  purchaser  will  be  bound  by  the  final  decree  in
the  case.
In  a  North  Carohna  case  a  certain  lot  was  specifi-
cally described  in  such  a  bill  and  by  an  order  of  court
it  had  been  assigned  to  the  complainant,  who  was  the
wife  of  the  defendant,  for  her  residence.  The  final  decree

(1)  Scudder  v.  Sargent,  15  Neb.  103.
268


LAW  OF  LIS  PENDENS.
