First Virginia Bank—Highlands v. McElwee

By JUDGE DUNCAN M. BYRD; JR.

This case comes to the Court primarily upon an issue of breach of Covenants/Warranty of Title. The defendants are the owners of Lots 6, 7, and 8 in Block Number 147 of the Chesapeake and Ohio Development Company. The defendants conveyed Lots 6 and 7 by Deeds of Trust to secure certain indebtednesses. In the Deeds of Trust, the Defendants covenanted that they would "warrant and defend generally the title to the property against all claims and demands." (See Deeds of Trust). The Defendants subsequently defaulted upon the notes and the Complainant, a successor to the…