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DEVERS v. CHATEAU CORP.

Nos. 85-1715(L), 85-1716.

792 F.2d 1278 (1986)

Doris Kay DEVERS, Appellee, v. CHATEAU CORPORATION, C.F. Prospect, Inc., Co-partners d/b/a Prospect House Associates; Prospect House Unit Homeowners Association; John Does One (1) through Three Hundred (300); Lots Numbered One (1) to Sixty-Two (62), (except Lots 34 and 1/2 of 35) Inclusive, in Block Numbered Seven (7); and Lots Eighteen (18) to Twenty-Six (26), Inclusive, in Block Number Eight (8) Radnor Heights Subdivision, as the same appears duly dedicated, platted and recorded among the land records of Arlington County, Virginia, in Deed Book 110, at Page 576; Theodore A. Adams; Jeanie M. Adams; Unified Industries; Elizabeth Tulos, Appellants, v. John DALONAS, Third-Party Defendant. Doris Kay DEVERS, Appellant, v. CHATEAU CORPORATION, C.F. Prospect, Inc., Co-partners d/b/a Prospect House Associates; Prospect House Unit Homeowners Association; John Does One (1) through Three Hundred (300); Lots Numbered One (1) to Sixty-Two (62), (except Lots 34 and 1/2 of 35), Inclusive, in Block Numbered Seven (7); and Lots Eighteen (18) to Twenty-Six (26), Inclusive, in Block Number Eight (8) Radnor Heights Subdivision, as the same appears duly dedicated, platted and recorded among the land records of Arlington County, Virginia, in Deed Book 110, at Page 576; Theodore A. Adams; Jeanie M. Adams; Unified Industries, Appellees, v. John DALONAS, Third-Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 17, 1986.

Rehearing and Rehearing Denied September 8, 1986.

Attorney(s) appearing for the Case

Samuel W. Hixon, III, Richmond, Va. (Channing J. Martin; Williams, Mullen & Christian, P.C., Richmond, Va., David G. Fiske, John P. Corrado, Thomas & Fiske, P.C., Alexandria, Va., on brief), for appellants Chateau Corp. and C.F. Prospect, Inc.

Peter K. Stackhouse, Tolbert, Smith, Fitzgerald & Ramsey, Arlington, Va., on brief for appellants Theodore A. Adams, Jeanie M. Adams and Unified Industries.

Jeffrey Rosenfeld and James G. Smalley (Falcone & Rosenfeld, Ltd., Fairfax, Va., Gwendolyn S. Whipp, Fairfax, Va., Patricia A. Smith, Donald G. Ferrell, on brief), for appellee Doris Kay Devers.

Before MURNAGHAN and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 8, 1986.

WILKINSON, Circuit Judge:

This case involves one scoundrel and several innocent parties. The scoundrel, Malcolm Devers, conveyed his substantial interest in a property without the knowledge or consent of his wife, and with the intent to deceive the purchasers as to his marital status. The question, as it often is in commercial conveyances, is how to do justice among the innocents. Here, that path lies...

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