Majors

The questions presented by this record are: first, Whether the statute of this State regulating the filing of a notice of lis pendens and defining the effect thereof, was intended to apply to actions pending in the Circuit Court of the United States. Second, Whether the statute has been adopted as a rule of practice in equity cases, by the rules prescribed by the Supreme Court of the United States, or by the rules of the Circuit Court for the Mnth Circuit. Third, Whether Cowell, at the time of the conveyance to him, was affected with constructive notice of the pendeney of the action of Norton v. Meader et al, independently of the notice of Us pendens filed in that action. Fourth, If Cowell was not a party to that action, whether he became bound by the judgment by uniting in the appeal, and paying his proportion of the costs, on the affirmance of the decree. These points will be noticed in their order. On the first point, it will be sufficient to observe that ordinarily, statutes of the several states regulating remedies by means of judicial proceedings are to be understood as intended to apply only to proceedings in the courts of the particular State, unless it clearly appears…