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RICHMOND AUTO PARTS, INCORPORATED v. FORBES

140 S.E.2d 825 (1965)

205 Va. 856

RICHMOND AUTO PARTS, INCORPORATED, et al. v. William L. FORBES et al., Trustees, etc.

Supreme Court of Appeals of Virginia.

March 8, 1965.

Attorney(s) appearing for the Case

Malcolm M. Christian, Richmond (Cutchins, Wallinger, Christian & Wilkinson, Richmond, on brief), for plaintiffs in error.

William C. Worthington, Norfolk (Maurice B. Shapero, Worthington, White & Harper, Norfolk, on brief), for defendants in error.

Before SPRATLEY, BUCHANAN, SNEAD, I'ANSON and CARRICO, JJ.

SPRATLEY, Justice.

This is an action for a declaratory judgment instituted by William L. Forbes and Maurice Steingold, trustees under a deed of assignment from Greenough and Company, Incorporated, against Richmond Auto Parts, Incorporated, and State-Planters Bank of Commerce and Trusts, defendants, to determine the rights of the respective parties in two forklift trucks, or the sum of $7,275.65, proceeds from the sale of the trucks.

The trustees alleged (1...

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