BEFORE DAN LEE, P.J., ROBERTSON AND ZUCCARO, JJ.
ZUCCARO, JUSTICE, FOR THE COURT:
Appellant, Olive McMillan Aldridge, and appellee, Charlie Bruce Aldridge, obtained a final judgment of divorce on May 2, 1984 on the grounds of irreconcilable differences pursuant to Miss. Code Ann. 93-5-2 (1972), which judgment
contained the following provision:
Further, CHARLIE BRUCE ALDRIDGE is to be awarded the sum of Four Thousand ($4,000.00) Dollars upon the signing of the warranty deed to OLIVE McMILLAN ALDRIDGE for the house and lot herein described; and further, that he is to receive the sum of Sixteen Thousand ($16,000.00) Dollars when the house is sold or within sixty (60) days from the date of signing of said agreement.
On April 25, 1984, Charlie Bruce Aldridge, appellee, conveyed the property to Olive McMillan Aldridge, appellant, by Quitclaim Deed and contemporaneously she paid him the $4,000 as required by the decree.
Upon Olive Aldridge's failure to pay the $16,000, Charlie Aldridge filed a complaint on July 13, 1984 requesting a citation for contempt of court and a judgment against Olive Aldridge ordering her to pay the $16,000. There was a lis pendens notice filed with the complaint stating, "complaint (sic) claims and asserts that the plaintiff should be granted a lien against the defendant's interest in the above described property" , the subject of this suit. This lis pendens notice was noted by the chancery clerk in a volume designated "Instruments Left For Recording" ; however, the notice was not recorded in the Lis Pendens Record until after July 16, 1984, which time delay becomes important. There was testimony that on some occasions it might take several days in the Lee County Chancery Clerk's Office for an entry posted in the "Instruments Left For Recording" file to actually be recorded.
On July 16, 1984, at 3:00 p.m., Mrs. Aldridge conveyed the property involved by warranty deed to the Faucettes, appellants herein, who paid for the property with proceeds from a loan from appellant The Bank of Mississippi. Immediately prior to making a loan to the Faucettes, The Bank of Mississippi had the title to the property checked, including a check of the lis pendens records. Finding no lis pendens notice and no other incumbrances, said Bank made the loan to Faucettes and took a note and deed of trust on the property from the Faucettes.
On November 12, 1984 the lower court entered its judgment against Mrs. Aldridge and recited, inter alia:
(3) That the pleadings have established that a valid Lis Pendent Notice is of record in the
Chancery Clerk's Office of Lee County, Mississippi, and a lien is impressed upon the property previously belonging to the parties hereto to the extent of the interest of the plaintiff, Charlie Bruce Aldridge, as set out in the findings of this Court.
Following the entry of this judgment Mrs. Aldridge made a motion requesting relief from judgment pursuant to Miss. R. Civ. P. 60. The Faucettes and The Bank of Mississippi requested permission to intervene pursuant to Miss. R. Civ. P. 24 which permission was granted by order of the chancery court. That same order denied motions made by all of the appellants for relief from the judgment referred to above and a motion filed by the Faucettes and The Bank of Mississippi to expunge the lien.
The instant appeal ensued. Appellants Faucettes and The Bank of Mississippi assert the following assignments of error on appeal which assignments of error were adopted by Mrs. Aldridge:
I. THE ABSENCE OF THE FAUCETTES AS THE REAL PARTIES IN INTEREST TO THE PROCEEDINGS IN THE CHANCERY COURT BELOW CONSTITUTES A DENIAL. OF DUE PROCESS.
II. THE APPELLEE, CHARLIE ALDRIDGE, WAS VESTED WITH NO LIEN OR RIGHT TO THE PROPERTY AT THE TIME THE LIS PENDENS NOTICE WAS FILED AND IN ABSENCE OF ANY INDEPENDENT BASIS ...