Rife v. Woolfolk

This action challenges a final judgment of the Circuit Court of Cabell County which voided a trustee’s deed issued to Roberta Woolfolk. Woolfolk contends that the circuit court’s judgment setting aside the sale was without basis in law or fact, and that it was barred by either collateral estoppel or the doctrine of res judicata. We disagree with both claims, and affirm.

The property which is the subject of this appeal is security for a deed of trust between Roberta Woolfolk, the trust creditor, and Bentley Rife, the mortgagor. At some point in 1979, Rife became delinquent on his payments to…