AYERS v. MOSBY

Record No. 972356.

504 S.E.2d 845 (1998)

Claude A. AYERS, et al. v. Garland E. MOSBY.

Supreme Court of Virginia.

September 18, 1998.


Attorney(s) appearing for the Case

Thomas E. Lacheney (Anthony N. Sylvester; Deal & Lacheney, on brief), Richmond, for appellants.

Thomas W. Williamson, Jr. (Williamson & Lavecchia, on brief), Richmond, for appellee.

Present: All the Justices.


COMPTON, Justice.

In this chancery suit, there is an effort to rescind a deed upon the grounds of mutual mistake of fact or coercion. On appeal, we consider whether the chancellor erred in sustaining defendant's motion to strike the evidence following presentation of the plaintiffs' case-in-chief during an ore tenus hearing.

The facts are virtually undisputed; the controversy is over the inferences to be drawn from...

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