Legal Opinion
Daugherty v. Diment
Supreme Court of Virginia
Decided November 10, 1989No. Record 871150PublishedCited by 29 opinions
1Opinion of the CourtJustice Compton
In this controversy arising from an installment land sales contract, we must determine whether the trial court correctly concluded that the free assignability clause of the contract did not conflict with the “due on sale” clause of a deed of trust.
The facts are undisputed. Prior to September 1981, appellees William H. Diment and Evelyn E. Diment, his wife, held record title to improved real estate in Reston. In order to finance the purchase of the property, the Diments had obtained a loan from Kissell-Virginia, Inc., and executed a deed of trust in favor of the lender.
On September 10, 1981,…
2Cases cited2 opinions
- Ames v. American National BankSupreme Court of Virginia · 1934
- American Realty Trust v. Chase Manhattan Bank, N.A.Supreme Court of Virginia · 1981
3Cited by29 opinions
- Hitachi Credit America Corp. v. Signet BankCourt of Appeals for the Fourth Circuit · 1999
- Countryside Orthopaedics, P.C. v. PeytonSupreme Court of Virginia · 2001
- Doswell Ltd. Partnership v. Virginia Electric & Power Co.Supreme Court of Virginia · 1996
- Hoffman Family, L.L.C. v. Mill Two Associates PartnershipSupreme Court of Virginia · 2000
- Minnieland Private Day Sch., Inc. v. Applied Underwriters Captive Risk Assurance Co.Court of Appeals for the Fourth Circuit · 2019
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