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State court of last resort · ST-VA-SC
Bank of Hampton Roads v. Powell
No. 151190Supreme Court of Virginia
151190 Bank of Hampton Roads v. Powell 06/02/2016 In breach of contract and fraudulent conveyance litigation, the trial court erred in imposing a constructive trust upon a subdivision lot after a developer bre…
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151190 Bank of Hampton Roads v. Powell 06/02/2016 In breach of contract and fraudulent conveyance litigation, the trial court err…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jun 2, 2016
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151190 Bank of Hampton Roads v. Powell 06/02/2016 In breach of contract and fraudulent conveyance litigation, the trial court erred in imposing a constructive trust upon a subdivision lot after a developer breached a contract to convey a different property. To be entitled to the benefit of a constructive trust, a claimant's interest must be distinctly traced to the property made subject to the trust, and here the plaintiff failed to distinctly trace her claim into that property. Her contract with the developers provided that she would receive a particular subdivision lot, but years later it was sold to a builder. After her choice of a lot, plaintiff's interest lay with that property; its sa…
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