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WILLIAMS v. CONSOLVO

Record No. 870423.

379 S.E.2d 333 (1989)

Vernon M. WILLIAMS v. Ernest C. CONSOLVO, et al.

Supreme Court of Virginia.

April 21, 1989.

Attorney(s) appearing for the Case

George H. Gray (Outland, Gray, O'Keefe & Hubbard, Chesapeake, on brief), for appellant.

William T. Webb, Jr. (Consolvo, Markowitz & Webb, Virginia Beach, on brief), for appellees Ernest C. Consolvo and Carl S. Markowitz, Individually, etc.

Russell R. Stallard, Norfolk, for appellee Hugh L. Stovall, Clerk, etc.

No briefs or arguments for appellees Gorin Felix Hatchett, Substitute Trustee and G & G Inv. Co., Inc.

Present: All the Justices.

THOMAS, Justice.

In this appeal, we focus upon the aftermath of the misindexing of a deed of trust. On July 16, 1977, H. Thomas Altman and his wife, Patricia Altman (the Altmans), executed a deed of trust in which they conveyed certain property located in Norfolk, to Tucker St. Martin Coleman, trustee, to secure a $10,000 debt evidenced by a promissory note. On July 22, 1977, the deed of trust was delivered to the office of the Clerk of the Circuit Court of the City...

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