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DENNISON v. JACK

Nos. 15733, 15732A.

304 S.E.2d 300 (1983)

Flora DENNISON v. David JACK, Clerk of the County Commission of Braxton County, West Virginia, the Bank of Gassaway, and William Hunt, Inc. Stephen V. GORBY and Penelope E. Gorby v. Margaret D. MILLER, Clerk of the County Commission of Kanawha County, West Virginia, and the Bank of Cross Lanes.

Supreme Court of Appeals of West Virginia.

March 25, 1983.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, for petitioner in No. 15733.

William C. Martin, Pros. Atty. of Braxton Co., Sutton, for David Jack.

Jack D. Huffman, Huffman & Huffman, Charleston, for Bank of Gassaway.

Gary G. Markham, Bowles, McDavid, Graff & Love, Charleston, for William Hunt Real Estate, Inc.

Phillip D. Gaujot, Charleston, for petitioners in No. 15732A.

Sterl F. Shinaberry, Charleston, for respondents in No. 15732A.

McHUGH, Justice:

These two original proceedings in mandamus were consolidated for purposes of argument before this Court and involve the validity of foreclosure proceedings under trust deeds. In Action No. 15733, the Braxton County, West Virginia, residence of the petitioner, Flora Dennison, was sold pursuant to foreclosure proceedings. In that action, the respondents are David Jack, Clerk of the County Commission of Braxton County; the Bank of Gassaway and William...

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