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JIM CARPENTER COMPANY v. POTTS

Record No. 962510.

495 S.E.2d 828 (1998)

JIM CARPENTER COMPANY, et al. v. Jill Myers POTTS, et al.

Supreme Court of Virginia.

January 9, 1998.

Attorney(s) appearing for the Case

Richard K. Wilkinson (Somerville, Sellers & Wilkinson, on briefs), Orange, for appellants.

R. Scott Pugh, Spotsylvania, for appellees Jill Myers Potts and Inland Mortgage Corporation.

R. Paul Childress, Jr., Richmond; Joseph Dyer, Fairfax (James C. Bodie, Richmond; Kirsten A. Bennett, Fairfax; Thompson, Smithers, Newman & Wade, Richmond; Sicilliano, Ellis, Dyer & Boccarosse, Fairfax, on brief), for appellees Gary E. Neighbors; Fredericksburg Title & Abstract, Inc.; Rinehart, Saller & Kaila; Rinehart & Saller; Tandy B. Rinehart; Catherine Miller Saller; Linda H. Snyder and First Title, Inc.

Present: All the Justices.

KOONTZ, Justice.

The primary issue we consider in this appeal is whether the chancellor properly considered parol evidence to limit the lien of a third deed of trust to the amount of the net proceeds of the sale of a lot encumbered by that deed of trust.

BACKGROUND

The real property that is the subject of this appeal is Lot 23 in the Eden Estates subdivision in King George County. Southface Associates...

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