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Articles 121 - 122 of 122
Full-Text Articles in Property Law and Real Estate
Can An Equitable Interest Held In Trust Be Transferred Wrongfully By The Trustee Free Of The Trust?, Ellsworth Wiltshire
Can An Equitable Interest Held In Trust Be Transferred Wrongfully By The Trustee Free Of The Trust?, Ellsworth Wiltshire
University of Richmond Law Review
We all know that a bona fide purchaser for value of trust property holds the same free of the trust. But it is usually stated that such a purchaser must obtain the legal title to the property to so eliminate the trust beneficiary. However, sup- pose the trustee holds the equitable (but not the legal) title to property in trust for a beneficiary. Is the interest of such beneficiary in the property cut off in Virginia should the trustee wrongfully convey such equitable title to a bona fide purchaser for value?
Does Virginia Have A Title-Quieting Statute Applicable To Deeds Of Trust?, Harry L. Snead Jr.
Does Virginia Have A Title-Quieting Statute Applicable To Deeds Of Trust?, Harry L. Snead Jr.
University of Richmond Law Review
A title examiner finds a recorded deed of trust which has not been released on the margin. He does not find a recorded release deed. A perusal of the records, however, reveals that twenty-one years have elapsed from the maturity date of the note secured by the deed of trust. The title examiner adverses the trustee (or, as a short-cut, the grantor of the deed of trust), but does not find a record conveyance from the trustee. May the title examiner safely ignore the deed of trust?