MILLER v. DIVERSIFIED LOAN SERVICE CO.

Nos. 18383, 18384.

382 S.E.2d 514 (1989)

Eugene MILLER and Geraldine Miller v. DIVERSIFIED LOAN SERVICE COMPANY, and Charles A. Clark, Trustee. Flora Mae VALENTINE v. DIVERSIFIED LOAN SERVICE COMPANY, and Charles A. Clark, Trustee.

Supreme Court of Appeals of West Virginia.

June 8, 1989.


Attorney(s) appearing for the Case

James St. Clair, Marshall & St. Clair, Huntington, for Diversified Loan Service Co.

Charles E. Heilmann, Huntington, for Flora Mae Valentine.

Herbert H. Henderson, Huntington, for Eugene and Geraldine Miller.


MILLER, Justice:

These cases have been consolidated for decision and opinion. We consider today whether enforcement of a trust deed, otherwise timely under W.Va.Code, 55-2-5, may nevertheless be barred by laches. The Circuit Court of Cabell County held that laches applied and enjoined sales under the trust deeds. We find this ruling to be erroneous and reverse.

The facts are not disputed. The plaintiffs in each of these cases are homeowners who gave deeds...

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