Legal Opinion

Smith v. Mooney (In Re Smith)

United States Bankruptcy Court, S.D. West Virginia

Decided June 1, 1993No. Bankruptcy 20159PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

L. EDWARD FRIEND, II, Chief Judge. Facts

Debtor/plaintiff, Gary D. Smith (“Smith”), and his wife, and defendant, Woodrow W. Jones (“Jones”), and his wife purchased a 1.882 parcel of real estate in July, 1971. Smith and Jones utilized the property in their business for the next several years.

On July 24, 1990, Smith executed a deed of trust against his one-half undivided interest in the property to Jones to secure a promissory note in the amount of $100,000.

Smith defaulted on the promissory note. Under the terms of the deed of trust, the beneficiary, Jones, directed the deed of…

2Cases cited11 opinions

  1. In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987
  2. Havee v. BelkCourt of Appeals for the Fourth Circuit · 1985
  3. Jacoway v. AndersonSupreme Court of the United States · 1987
  4. Angeles Real Estate Co. v. KerxtonCourt of Appeals for the Fourth Circuit · 1984
  5. Atkinson v. Washington & Jefferson CollegeWest Virginia Supreme Court · 1903

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Derrick v. Richard L. Grafe Commodities, Inc. (In Re Derrick)United States Bankruptcy Court, W.D. Wisconsin · 1995
  2. Elbar Invs., Inc. v. Okedokun (In re Okedokun)United States Bankruptcy Court, S.D. Texas · 2018
  3. In Re ElamUnited States Bankruptcy Court, E.D. Texas · 1996
  4. In Re BardellDistrict Court, N.D. West Virginia · 2007
  5. RBS, Inc. v. Bell (In re Bell)District Court, S.D. West Virginia · 2014

4 more not listed; retrieve them via the Exa API.

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