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KRIESEL v. BERKSHIRE ASSOCIATES, INC.

Nos. 71-1454, 71-1455.

452 F.2d 491 (1971)

Robert C. KRIESEL, Appellee, v. BERKSHIRE ASSOCIATES, INC., et al., Appellants. Robert C. KRIESEL, Cross-Appellant, v. BERKSHIRE ASSOCIATES, INC., et al., Cross-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 1971.

Attorney(s) appearing for the Case

Donald S. Caruthers, Arlington, Va., for appellants, Berkshire Associates, Inc., Onward R. Leggett, Clifton D. Mayhew, David B. Saville, Herman Grenadier, and E. Lakin Phillips in No. 71-1454 and appellee in No. 71-1455.

Paul Lee Sweeny, pro se, for Paul Lee Sweeny, Trustee, in Nos. 71-1454 and 71-1455.

Jesse B. Wilson, III, Fairfax, Va. (McCandlish, Lillard & Marsh, Fairfax, Va., on brief), for appellee in No. 71-1454 and appellant in No. 71-1455.

Before WINTER, CRAVEN and FIELD, Circuit Judges.

WINTER, Circuit Judge:

As part of the redemption of a mortgage on real property owned by Berkshire Associates, Inc., which was being foreclosed in the Circuit Court of Prince William County, Virginia, the property was conveyed to Paul Lee Sweeny, as trustee, under a deed of trust. The deed of trust was to secure advances, made by the plaintiff, Herbert C. Kriesel, and the other individual defendants, to pay Berkshire's more pressing obligations. The trustee, inter...

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