79.43 - Notice of pendency of proceeding; effect.

§ 79.43 Notice of pendency of proceeding; effect.    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.