CUMMINGS v. FULGHUM

Record No. 000115.

540 S.E.2d 495 (2001)

Brenda P. CUMMINGS, t/a Kaleidoscope v. Jean S. FULGHUM.

Supreme Court of Virginia.

January 12, 2001.


Attorney(s) appearing for the Case

Oliver D. Rudy, Chesterfield, (Robert B. Condon, Richmond; Rudy & Mikula, Chesterfield, on brief), for appellant.

Charles W. Beddow (Beddow, Markley, Trexler & Fitzhugh, on brief), Chesterfield, for appellee.

Present: All the Justices.


KEENAN, Justice.

In this appeal, we consider whether a plea of recoupment under Code § 8.01-422 is subject to a statute of limitations defense raised by a plaintiff in an action to enforce payment of a note.

The following facts are undisputed. On December 3, 1997, Jean S. Fulghum filed a motion for judgment against Brenda P. Cummings to enforce payment of a promissory note secured by a deed of trust. Cummings and her late husband, Kenneth V. Cummings...

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