Virginia Court Decisions -
Real Estate Disputes & Business Litigation

071206 Estates, Intestate Succession; Paternity proof; Real Estate - Jenkins v. Johnson 06/06/2008
In a proceeding to confirm partial ownership of real property by intestate succession and for partition, children of the decedent who were born out of wedlock were not required to comply with the proof of paternity provisions of Code § 64.1-5.1(4), relating to "the settlement of [a] decedent's estate," in order to assert rights as legal heirs to real property owned by a decedent. The judgment is affirmed and the case is remanded for further proceedings.

071292 Real Estate, Mortgage Loans, Fraud, Statutes of Limitations - Schmidt v. Household Finance Corp. 06/06/2008
In a dispute arising out of a mortgage loan, the circuit court did not err in sustaining a demurrer to the plaintiff borrower's claim for rescission because he did not allege sufficient facts to state a cause of action for rescission. Nor did the circuit court err in sustaining a plea in bar of the applicable statutes of limitation as to claims for actual and constructive fraud, along with several statutory causes of action, because plaintiff did not allege facts demonstrating that, despite the exercise of due diligence, he could not have discovered the alleged fraud within the applicable statutory limitation periods preceding his commencement of the action. The judgment is affirmed.

071542 Real Estate - Duty v. Duty 06/06/2008
In a suit to determine the rightful owner of a disputed parcel of land, the trial court did not err in finding that the evidence was insufficient to establish the source of title of the disputed parcel in respect of either the plaintiff's deed or the predecessor-in-title to the defendant's deed, and did not err in holding that because plaintiff was the first to record her deed with the clerk's office for the county she is the valid title holder of the land in dispute by virtue of the priority of her deed, and that she shall have title clear and free from claims of the defendant. The judgment of the trial court is affirmed.

070498 Partnerships, landlord and tenant, family limited partnerships - Jennings v. Kay Jennings Ltd. Partnership 04/18/2008
In a derivative suit brought by a limited partner of a family limited partnership, the trial court correctly ruled that the plaintiff lacked standing to bring the action under Code § 50-73.62. His economic interests as landlord and lessee of certain real property managed by the partnership were in direct conflict with the partnership's interests, and under the circumstances he could not fairly and adequately represent the interests of the other partners and the partnership. The trial court's judgment is affirmed and the case is remanded for an award of attorney's fees incurred on appeal pursuant to Code § 50-73.65.

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