BARBUTO v. SOUTHERN BANK

Record No. 821408.

340 S.E.2d 813 (1986)

Diane BARBUTO, et al. v. SOUTHERN BANK.

Supreme Court of Virginia.

March 7, 1986.


Attorney(s) appearing for the Case

Kenneth V. Farino (Farino & Rick, Richmond, on brief), for appellants.

Carl F. Bowmer (Mary T. Metil, Christian, Barton, Epps, Brent & Chappell, Richmond, on brief), for appellee.

Present: All the Justices.


COMPTON, Justice.

In this creditors rights case, we deal with execution, levy, and the procedure for trying title to property seized as the result of a levy.

On September 9, 1980, appellee Southern Bank obtained a judgment by default in the court below against Angelo J. Peters and Diamond Peters for $24,211.95, plus attorneys' fees of $6,052.99, interest, and costs. The sums represented amounts due on a 1974 promissory note made by the Peterses in favor of...

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