Section 79.43. Notice of pendency of proceeding; effect


Latest version.
  • In  all  proceedings taken under this article, if real property or any
      interest therein is intended to be affected, the petitioner  shall  file
      in  the  clerk's  office of each county where the property is situated a
      notice of the pendency of such proceeding  which  shall  set  forth  the
      general  nature  and object of the proceeding and a brief description of
      the real property in that county to be affected  thereby,  which  notice
      must be filed with the petition or at any time thereafter and before any
      final  adjudication in the proceeding. The clerk shall index such notice
      against the name  of  the  alleged  incompetent.  The  pendency  of  the
      proceeding  is constructive notice from the time of so filing the notice
      only to a purchaser or incumbrancer of  the  property  affected  thereby
      from  or against the alleged incompetent with respect to whom the notice
      is directed to be indexed. A person whose conveyance or  incumbrance  is
      subsequently   executed   or  subsequently  recorded  is  bound  by  all
      proceedings taken after the filing of the notice to the same  extent  as
      if  he  was  a  party  to  the  proceeding. But this provision shall not
      prevent a jury  in  a  proper  proceeding,  on  sufficient  proof,  from
      rendering  a  verdict that shall overreach any conveyance or incumbrance
      theretofore executed by the alleged incompetent,  so  as  to  make  such
      conveyance or incumbrance prima facie void.