Freeman v. Manns

By Judge David B. Carson

This matter is before the Court on the Defendants’ Plea in Bar. The Court heard argument on the plea on July 22, 2013, subsequent to which, at the Court’s request, counsel submitted Memoranda that has been received and reviewed by the Court. For the reasons discussed below, the Defendants’ Plea in Bar is denied.

Background

According to the Plaintiff, on August 7, 2003, Donald Manns, Sr. (“Donald Senior”) died intestate. On the date of his death, Donald Senior owned a parcel of real property (“the Property”) on Mercer Avenue in the City of Roanoke.

On August 29, 2007,…