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HOME BUILDING ASSOCIATION v. MACKALL

135 S.E.2d 171 (1964)

205 Va. 73

HOME BUILDING ASSOCIATION et al. v. Henry C. MACKALL, Trustee, et al.

Supreme Court of Appeals of Virginia.

Rehearing Denied April 27, 1964.

Attorney(s) appearing for the Case

Lytton H. Gibson, Falls Church (Barry D. Murphy, Falls Church, Lawrence W. Douglas, Arlington, Gibson, Hix, Millsap & Hansbarger, Falls Church, on brief), for appellants.

Henry C. Mackall, Fairfax (Donald L. Holford, Pickett, Keith & Mackall, Holford & Sullivan, Fairfax, on brief), for appellees.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

WHITTLE, Justice.

This chancery suit was instituted in the circuit court on September 12, 1961. The bill of complaint prayed inter alia for a judicial determination of the validity of the lien of a certain instrument entitled "Deed of Assignment and Conveyance" hereafter referred to as Exhibit A. This instrument was executed and recorded in February 1957 conveying the land here involved.

Complainants in the bill were Henry C. Mackall, one of two trustees named...

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