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CITIZENS NAT. BANK v. DUNNAWAY

No. 19553.

400 S.E.2d 888 (1990)

CITIZENS NATIONAL BANK OF ST. ALBANS v. Troy E. DUNNAWAY, Constance L. Dunnaway, Glen B. Gainer, Commissioner of Forfeited and Delinquent Lands for the State of W.Va.; David L. Hill, Deputy Commissioner of Forfeited and Delinquent Lands of Putnam County; K.C. Hughes.

Supreme Court of Appeals of West Virginia.

December 19, 1990.

Attorney(s) appearing for the Case

Henry R. Glass, III, Lovett, Cooper & Glass, Charleston, for Citizens Nat. Bank of St. Albans.

Parrish McKittrick, McKittrick & Parr, St. Albans, for Troy E. Dunnaway and Constance L. Dunnaway.

Roger W. Tompkins, Atty. Gen., Jacqueline A. Hallinan, Asst. Atty. Gen., Charleston, for Glen B. Gainer and David L. Hill.

Walter L. Wagner, Jr., Dunbar, for K.C. Hughes.

PER CURIAM:

Ostensibly this case presents a choice between two innocent parties, one of whom will lose his (its) interest in real property, because the county clerk failed properly to index a recorded deed of trust; however, because the property was sold to the State for delinquent taxes, the State also has a compelling interest.

The Citizens National Bank of St. Albans, the beneficiary of a recorded but improperly indexed deed of trust, appeals the Circuit...

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