CHEATHAM v. GREGORY

Record No. 811057.

313 S.E.2d 368 (1984)

Louis E. CHEATHAM, et al. v. Alberta GREGORY.

Supreme Court of Virginia.

March 9, 1984.


Attorney(s) appearing for the Case

James R. Sheeran, Richmond, for appellants.

Bennie L. Dunkum, Richmond, for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMAS, STEPHENSON and RUSSELL, JJ.


PER CURIAM.

This appeal presents the question whether an heir's grantee was a bona fide purchaser for value without notice of a will which had not been filed in the clerk's office.

The essential facts are undisputed. Thomas and Ardelia (also known as Denia) Lomax acquired two and one-half acres of land in Chesterfield County by a deed dated in 1925. Although the Lomaxes were husband and wife, they took title as tenants in common.

In August 1963, Ardelia...

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