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Author Archives: Virginia Lawyers Weekly

Domestic Relations – Husband's Separate Property – 'Personal Effort' (access required)

Where the husband’s interests in several enterprises was acquired by gift before marriage and the income from such separate property remained separate as it was never the product of the personal efforts of either husband or wife, the wife is ...

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Tort/Negligence – Fraud – Pleadings – Reliance (access required)

Where the amended bill of complaint alleges that defendant made a promise to reconvey which was false when made, and that he had no intent to fulfill the promise, it can be reasonably inferred that defendant made the promise with ...

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Commercial – Creditor's Rights – Garnishment – Homestead Deed (access required)

Where the circuit court clerk issued the garnishment summons and began collecting sums withheld by the employer, and after the clerk turned these sums over to the creditor, but before the garnishment return date, the debtor filed a homestead deed ...

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Real Property – Contract – Caveat Emptor – Foreclosure Sale (access required)

Although plaintiff purchaser at a foreclosure sale was advised that the seller could convey good title, when in fact the public records indicated a lis pendens had been filed back in March 1986, this public record was available to any ...

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Corporate – Piercing Corporate Veil – Electrical Contract (access required)

Where complainant, the general contractor on a school construction project, alleges that as a result of respondent electrical subcontractor’s breach of contract, complainant sustained damages relating to its contractual relationship with the owner as well as subrogation claims arising out ...

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Wills & Trusts – Executor's Compensation – Real Estate Commission (access required)

Although the executor of the testator’s estate was cloaked with the power to sell so much of the real estate as was necessary to satisfy the funding requirements of the trust, this does not automatically entitle him to a 5 ...

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