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IN RE SMITH

Bankruptcy No. 20159.

155 B.R. 145 (1993)

In re Gary Douglas SMITH, Debtor. Gary Douglas SMITH, Plaintiff, v. Philip D. MOONEY and Kevin B. Burgess in their capacity as Trustees, and Woodrow W. Jones, Defendants.

United States Bankruptcy Court, S.D. West Virginia Bluefield Division.

June 1, 1993.

Attorney(s) appearing for the Case

Andrew Nason, Charleston, WV, for plaintiff.

Ralph C. Young, Oak Hill, WV, for defendants.

MEMORANDUM OPINION

L. EDWARD FRIEND, II, Chief Judge.

Facts

Debtor/plaintiff, Gary D. Smith ("Smith"), and his wife, and defendant, Woodrow W. Jones ("Jones"), and his wife purchased a 1.882 parcel of real estate in July, 1971. Smith and Jones utilized the property in their business for the next several years.

On July 24, 1990, Smith executed a deed of trust against his one-half undivided interest in the property to Jones to secure...

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