DEEP v. ROSE

Record Nos. 841207, 841609.

364 S.E.2d 228 (1988)

William M. DEEP, et al., etc. v. C. Edward ROSE, Jr., et al.

Supreme Court of Virginia.

January 15, 1988.


Attorney(s) appearing for the Case

Parker E. Cherry (Purcell, Cherry, Kerns & Abady, Richmond, on briefs), for appellants.

Lynne Jones Blain (R. Carter Scott, III; Browder, Russell, Morris and Butcher, P.C., Richmond, on brief), for appellee J.W. Keith, Jr.

No briefs or arguments for appellees C. Edward Rose, Jr., J. Edward Seay, Jr., & Associates, Inc., and Mary K. Farrell, Individually and as General Partners in Hermitage Square Limited Partnership; J. Edward Seay, Jr., Individually and as a Managing Partner in Hermitage Square Limited Partnership; Sam T. Beale, Sam Kornblau, Barry Kornblau and Paul F. Silver, Individually and as General Partners in Richmond Hermitage Associates, a Limited Partnership; Jonathan Bryan, Individually and as a Limited Partner in Richmond Hermitage Associates, a Limited Partnership; First and Merchants National Bank; Harry I. Schutte and James H. Loughrie.

Present: All the Justices.


RUSSELL, Justice.

A trustee under a deed of trust on real estate foreclosed after advertising the sale in a manner which failed to comply with the requirements of Code § 55-59.2. The dispositive question in this appeal is whether that failure rendered the sale void, or merely voidable.

Hermitage Square Limited Partnership (Hermitage) was formed in July 1979 to acquire a two-acre parcel of land in Henrico County and to develop a 29-unit rental apartment...

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