WHITLOW v. MOUNTAIN TRUST BANK


207 S.E.2d 837 (1974)

O. L. WHITLOW, in person, and as Executor of the Estate of Helen B. Whitlow, Deceased, v. MOUNTAIN TRUST BANK et al.

Supreme Court of Virginia.

August 28, 1974.


Attorney(s) appearing for the Case

William B. Poff, Roanoke, Bentley Hite, Christianburg (Carr L. Kinder, Jr., Woods, Rogers, Muse, Walker & Thornton, Roanoke, on brief), for appellant.

John C. Towler, James H. Fulghum, Jr., Roanoke, for appellees.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN and HARMAN, JJ.


SNEAD, Chief Justice.

On June 15, 1970, Helen B. Whitlow and O. L. Whitlow, her husband, filed a bill of complaint to set aside a foreclosure sale of 348 acres of land located in Roanoke County. Named as defendants in the bill were: Mountain Trust Bank, the noteholder that initiated the sale, Holman Willis, Jr., and George H. Marshall, trustees under the deed of trust, and Rockydale Quarries Corporation, the purchaser at the sale.

The Whitlows alleged in the...

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