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Author Archives: Virginia Lawyers Weekly

Commercial – Revolving Promissory Note – Standing To Sue (access required)

Where the bank debited an escrow account maintained by a realty company in order to collect on a debt under a “revolving” promissory note, the buyer of the realty company’s assets, who made its purchase prior to the bank’s action, ...

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Contract – Mechanic's Lien – Interpleader – Limitations (access required)

Although the materialman perfected its mechanic’s lien, it is not entitled to enforce the lien where it did not file a petition to enforce the lien or a petition to intervene in another lienor’s enforcement action within the limitations period ...

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Criminal – Forgery Of Public Records – Proof Of Harm – Reversal (access required)

The decision of the en banc Court of Appeals reversing the forgery of public records conviction of a former general district judge who directed a false entry in the court’s traffic offense records is upheld. This appeal considers the question ...

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Contract – Real Estate Commission – Md. Law – Failure To Settle (access required)

Where an addendum to the real estate sales contract allowed the buyer to delay closing, and also changed some provisions of the broker’s entitlement to a commission, so that its entitlement now was governed by Md. Code Ann., Real Property ...

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Civil Practice – Sufficiency Of Pleadings – Non-Compete Agreement – Catering Business (access required)

Where plaintiff alleges in the motion for judgment that defendants, in violation of “common law and/or statute” as well as in violation of “Employment and Settlement Agreements,” have unlawfully converted plaintiff’s property to their own use, conducted business or provided ...

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Insurance – Insolvent Insurer – Guaranty Association – Covered Claim (access required)

Although the insurance company that allegedly issued the trucker’s excess liability insurance policy in this case was an Iowa company that was authorized to do business in Virginia, the trial court erred in concluding that because the Iowa company was ...

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Real Property – Adverse Possession – Unimproved Mountain Land (access required)

Although claimants, who owned property adjacent to the disputed parcels, sought to demonstrate their use and possession of the property through such activities as sawmill operations, logging, firewood gathering, gate construction & maintenance, installation and use of water and electricity, ...

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Wills & Trusts – Will Impeachment – Undue Influence – Fraud (access required)

Where the will contestants presented evidence that 1) the testator’s lawyer made his wife a major beneficiary of the testator’s will, although nothing in the record suggests that the testator and the wife were related or were close friends at ...

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