GREG PRINCE DISTRIBUTOR, INC. v. BURK

No. 19645.

403 S.E.2d 19 (1991)

GREG PRINCE DISTRIBUTOR, INC., a West Virginia Corporation, D/B/A Prince Heating and Air Conditioning v. Robert W. BURK, Jr. and H.F. Salsbery, Jr., Trustees for Opal Brown, et al.

Supreme Court of Appeals of West Virginia.

March 15, 1991.


Attorney(s) appearing for the Case

R. Vance Golden, III, Parkersburg, for H.F. Salsbery, Jr.

Robert K. Tebay, III, Lantz, Palmer, Tebay & Reed, Parkersburg, for Greg Prince Distributor, Inc.


NEELY, Justice:

On 11 November 1977, H.C. and Opal Brown sold a 240 acre tract of land to Highland Enterprises for $331,000.00, and accepted as part of the purchase price a note in the principal amount of $249,000.00, with interest running at seven percent. The deed of trust named as trustees Robert W. Burk and H.F. Salsbery, Jr. Unfortunately, the deed of trust was also acknowledged by H.F. Salsbery, Jr. On the same day, 11 November 1977, the deed of trust was filed...

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