At common law the pendency of a suit affecting the title to real estate was notice to the world, and persons dealing with such property in good faith and in ignorance of the existence of the suit took the same subject to the result of the litigation, although nothing appeared in the office where transfers of real estate were recorded to show that a suit affecting the title to the property was pending.

The following provision of the codes provides for such notice:

"In an action affecting the title or the right of possession of real property, the plaintiff at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterward, may record in the office of the recorder of the county in which the property is situated a notice of the pendency of the action, containing the names of the parties and the object of the action or defense, and a description of the property in that county affected thereby. From the time of filing such notice for record only shall a purchaser or encumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action."34

13 N. Y. Code Civ. Pro., Sec. 535; Cal. Code Civ. Pro., Sec. 460.

At common law a suit is commenced by the issuance of a writ or summons, and in chancery proceedings by the filing of a bill of complaint.

Under the codes suit is commenced in some states by filing a complaint,*35 in other states by the issuance of a summons.36

In some states the summons is issued by the clerk of the court in which the action is brought;37 in others it may be issued by the plaintiff's attorney.38 In some states the summons must be served by the sheriff;39 in others it may be served by any person not a party to the action.40

34 N. Y. Code Civ. Pro., Sees. 1670, 1671, 1673; Cal. Civ. Pro., Sec. 408.

35 Cal. Gode Civ. Pro., Sec. 405; Ind. Code Civ. Pro., Sec. 55.

36 N. Y. Code Civ. Pro., Sec. 416.

37 Cal. Code Civ. Pro., Sec. 405;

Ind. Code Civ. Pro., Sec. 55.

38 N. Y. Code Civ. Pro., Sec. 417.

39 Cal. Code Civ. Pro., Sec. 410;

Ind. Code Civ. Pro., Sec. 55. 40 N. Y. Code Civ. Pro., Sec. 425.