Cheatham v. Gregory

This appeal presents the question whether an heir’s grantee was a bona fide purchaser for value without notice of a will which had not been filed in the clerk’s office.

The essential facts are undisputed. Thomas and Ardelia (also known as Denia) Lomax acquired two and one-half acres of land in Chesterfield County by a deed dated in 1925. Although the Lomaxes were husband and wife, they took title as tenants in common.

In August 1963, Ardelia Lomax executed a will, devising her interest in the property to Alberta B. Gregory. The will recited that the devisee was Ardelia Lomax’ grandniece who had…