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FIRST FUNDING CORP. v. BIRGE

Record Nos. 771340, 771341.

257 S.E.2d 861 (1979)

FIRST FUNDING CORPORATION et al. v. Warren R. BIRGE, Jr.

Supreme Court of Virginia.

August 30, 1979.

Attorney(s) appearing for the Case

L. Lee Bean, Arlington (Bean & Hylton, Arlington, on brief), for appellants.

Henry C. Mackall, Fairfax (Glenn H. Silver, Mackall, Mackall & Walker, Fairfax, on brief), for appellee.

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

COMPTON, Justice.

In this creditors' rights suit seeking to establish priorities of liens on real estate, the main issue is whether, considering the language of the subordination clause in this case, the lien of a purchase money deed of trust on one parcel of land properly may be subordinated to the lien of a deed of trust securing a construction loan on the subject parcel and another parcel.

In February of 1974...

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