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SMITH v. WOODLAWN CONST. CO., INC.

Record No. 850293.

368 S.E.2d 699 (1988)

Cynthia D.J. SMITH, et al. v. WOODLAWN CONSTRUCTION COMPANY, INC., et al.

Supreme Court of Virginia.

April 22, 1988.

Attorney(s) appearing for the Case

S.W. Tucker (Hill, Tucker & Marsh, Richmond, on briefs), for appellants.

John C. Ivins, Jr. (Barry A. Hackney, Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, on brief), for appellee Woodlawn Const. Co., Inc.

(Harrison Bruce, Jr., Richmond, on brief), for appellees Gordon C. Anderson, Jr. and Nancy D. Anderson. Appellees Anderson submitting on brief.

No briefs or arguments for appellees Walter Mahon, Trustee, Bowman T. Bowles, Jr., Trustee, Ronald D. Davis, Carolyn G. Davis, Ralph C. Mitchell, Trustee, W.F. Harris, Trustee, Gene T. Jones, Trustee, Richard H. Catlett, Jr., Trustee, George W. Belk, Mary P. Belk, Warner V. Brooks, Davis W. Brooks, B.T. Carter, Iris C. Carter, Junius L. Davenport, Junius L. Davenport, Jr., Lillian D. Jones, Roscoe Jones, Mattie Berry, Ervin S. Harris, Julia Harris Dabney, Joseph Lewis, Thomas R. Proctor, Leona Harris Allen, Ellis Harris, Mary L. Harris and Geshma McWilliams.

Present: All the Justices.

WHITING, Justice.

Jack Davenport, the owner of an 85-acre tract of land in Hanover County, Virginia, died intestate in April of 1941. Davenport had eight children, some of whom predeceased him but were survived by issue. In December of 1945, most of Davenport's heirs or their successors in interest attempted to partition the 85-acre tract among themselves. They had the entire tract surveyed and divided into eight parcels. They attempted to convey parcel number eight...

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