Legal Opinion

Bennerson v. Small

District Court, Virgin Islands

Decided January 8, 1987No. D.C. Civil No. 1986/33; D.C. Civil No. 1985/118; Terr. Court No. 1982/73PublishedCited by 4 opinions

1Opinion of the Court

OPINION

2Per curiam

In this appeal we decide whether the appellants had actual or constructive notice of pending litigation. For the reasons discussed below, we conclude that they did not, and we reverse the lower court and remand.

I. FACTS

Beresford and Marie Small (“the Smalls”) decided to make their dream of owning their own home a reality. They entered into a land sale contract on August 30, 1977, to purchase Plot 63R of Estate Whim (“the property”). The seller was William Ephraim (“Ephraim”). Frank Weisner Real Estate was the broker in the transaction (“the real estate company”).

The purchase price was…

3Cases cited15 opinions

  1. Maria C. Maldonado v. Orlando RamirezCourt of Appeals for the Third Circuit · 1985
  2. United States Ex Rel. Freddie M. Johnson v. Robert L. Johnson, Superintendent, Appeal of the Commonwealth of PennsylvaniaCourt of Appeals for the Third Circuit · 1976
  3. Loomis v. CobbCourt of Appeals of Texas · 1913
  4. Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1981
  5. Modrok v. MarshallAlaska Supreme Court · 1974

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4Cited by4 opinions

  1. Porter v. SamuelDistrict Court, Virgin Islands · 1995
  2. Peter Bay Owners Ass'n v. StillmanDistrict Court, Virgin Islands · 1998
  3. Estate of Kean v. United States ex rel. National Park ServiceDistrict Court, Virgin Islands · 2008
  4. Porter v. SamuelDistrict Court, Virgin Islands · 2003

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