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Legal Opinion

Overby v. White

Supreme Court of Virginia

Decided April 16, 1993No. Record 920937PublishedCited by 7 opinions

1Opinion of the CourtJustice Hassell

In this appeal, we consider whether property interests owned by a tenant in common can be affected by a deed of trust executed by cotenants.

The relevant facts are not in dispute. Arleen D. Brooks Holley and her former husband, James D. Brooks* acquired title to real property improved by a single-family dwelling in Chesterfield County as tenants by the entireties with the right of survivorship in September 1961. They obtained a divorce, and Arleen married Paul Edward Holley, Jr.

James Brooks died intestate in 1976. He was survived by two daughters, Lisa Dawn Brooks Overby and Gina Michelle…

2Cases cited5 opinions

  1. Leonard v. CountsSupreme Court of Virginia · 1980
  2. Richardson v. RichardsonSupreme Court of Virginia · 1991
  3. Warren v. GoodrichSupreme Court of Virginia · 1922
  4. Phillips v. DulanySupreme Court of Virginia · 1913
  5. Campbell v. CorpeningSupreme Court of Virginia · 1985

3Cited by7 opinions

  1. Rash v. Hilb, Rogal & Hamilton Co.Supreme Court of Virginia · 1996
  2. Faulknier v. ShaferSupreme Court of Virginia · 2002
  3. Jones v. HarrisonSupreme Court of Virginia · 1995
  4. Mortgage Electronic Registration Systems v. GarnettMadison County Circuit Court · 2011
  5. Bluefield Timber, L.L.C. v. Harlan Lee Land, L.L.C., Circuit Court of the 20th Judicial Circuit of Florida, Lee County2006

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