Costner v. Lackey

290 S.E.2d 818, 223 Va. 377, 1982 Va. LEXIS 214
CourtSupreme Court of Virginia
DecidedApril 30, 1982
DocketRecord No. 791415
StatusPublished
Cited by32 cases

This text of 290 S.E.2d 818 (Costner v. Lackey) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Costner v. Lackey, 290 S.E.2d 818, 223 Va. 377, 1982 Va. LEXIS 214 (Va. 1982).

Opinion

PER CURIAM.

B. Dennis Costner and Rebecca Costner, his wife, filed their petition in the trial court seeking to attach the real and personal property of Chester Lee Lackey and Suzanne Lackey, his wife. The petition, filed March 21, 1979, alleged that the Costners had conveyed to the Lackeys title to a house and lot in consideration of the assumption by the purchasers of an obligation secured by a deed of trust on the real estate and payment by the Lackeys of the additional sum of $8,987.98; that the Costners also had sold furniture to the Lackeys for which the Lackeys owed them the sum of $9,450; that the principal amount payable under the two obligations, therefore, was $18,437.98; and that the Lackeys were about to leave Virginia with their personal property with the intent to [379]*379change their domicile. The petition alleged that the obligation of $8,987.98 was “witnessed” by an unsigned note attached as an exhibit.

The trial court sat without a jury. At the conclusion of the presentation of evidence on behalf of the Costners, the court granted the Lackeys’ motion to strike the evidence and dismissed the petition for attachment. On appeal, the Costners challenge this action of the trial court.

At trial, Dennis Costner testified that in the summer of 1978 Chester Lackey agreed to move to Roanoke to become a vice-president of Costner’s corporation; that Lackey assumed the position of vice-president on September 1, 1978, and continued in that capacity until March 14, 1979; and that the corporation became bankrupt and ceased to operate on March 23, 1979. According to Costner, the Lackeys orally agreed in September, 1978, to purchase the Costners’ residence, and in October the Costners and the Lackeys executed a written contract reciting the purchase price as $59,000, payable by assumption of an existing deed of trust obligation in the original principal amount of $51,100 and payment of the balance in cash at closing. Costner introduced into evidence the contract, which contained signatures purporting to be those of the Costners and the Lackeys. Costner said that he and his wife signed the document and though he did not see either of the Lackeys sign he recognized Lackey’s signature.

Costner testified that he did not attend the closing of the sale on December 28, 1978 and did not know whether the Lackeys were asked at that time to give a note for the balance of $8,987.98.

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Bluebook (online)
290 S.E.2d 818, 223 Va. 377, 1982 Va. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/costner-v-lackey-va-1982.