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LOWE v. RICHARDS

No. 13-0234.

763 S.E.2d 64 (2014)

Dean LOWE and Martha Lowe, Individually and as Trustees of the Demar Revocable Trust, Petitioners v. Joseph C. RICHARDS and Joyce A. Richards, and Hugh E. Hegyi, Trustee of the Herman Hegyi Trust, Respondents.

Supreme Court of Appeals of West Virginia.

Decided April 10, 2014.

Attorney(s) appearing for the Case

Michael L. Scales, Esq. , Martinsburg, WV, for Petitioners, Dean and Martha Lowe.

Charles F. Printz, Jr., Esq. , Jonathan T. Mayhew, Esq. , Bowles Rice LLP, Martinsburg, WV, for Respondents, Joseph C. and Joyce A. Richards.

DAVIS, Chief Justice:

Dean and Martha Lowe, petitioners herein, ("the Lowes") appeal from an order of the Circuit Court of Berkeley County dismissing their counterclaim and third-party complaint.1 In the actions filed by the Lowes, they sought to obtain real property claimed by respondents Joseph and Joyce Richards ("the Richards") and Hugh Hegyi as Trustee of the Hegyi Trust ("the Hegyi Trust"). The property in question is situated on...

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