LOYOLA FEDERAL SAV. & LOAN v. HERNDON LUMBER

Record No. 761348.

241 S.E.2d 752 (1978)

LOYOLA FEDERAL SAVINGS AND LOAN ASSOCIATION v. HERNDON LUMBER & MILLWORK, INC., et al.

Supreme Court of Virginia.

March 3, 1978.


Attorney(s) appearing for the Case

John J. Prendergast, Alexandria (Stephen C. Martson, John J. Prendergast, Ltd., Alexandria, on brief), for appellant.

Peter A. Cerick, Herndon (Timothy C. McPherson, Herndon, on brief), for appellee.

No brief for Washington Concrete Products, a Division of General Industries, Inc., appellee.

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


PER CURIAM.

In this creditors' rights suit, the sole issue we decide is whether a trustee in a deed of trust was an "owner", within the meaning of Code § 43-4, so that the failure to name such trustee, or trustees, in a memorandum for mechanic's lien invalidated the lien.1

A deed of trust on a parcel of land in Prince William County was recorded in April of 1974 from Baker and Moore General Contractors, Inc. to Max Ratner...

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