Skip to content Skip to sidebar Skip to footer
Home / Books / Law / Professional & Technical

(Download) "State Ex Rel. Mcgraw V. Combs Services" by West Virginia Supreme Court of Appeals # Book PDF Kindle ePub Free

State Ex Rel. Mcgraw V. Combs Services

📘 Read Now     📥 Download


eBook details

  • Title: State Ex Rel. Mcgraw V. Combs Services
  • Author : West Virginia Supreme Court of Appeals
  • Release Date : January 10, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

The plaintiff below, and appellant herein, Darrell V. McGraw, Jr., Attorney General of West Virginia [hereinafter "Attorney General"], appeals the November 9, 1998, order of the Circuit Court of Tucker County. In that order, the circuit court determined that the perfected security interests of the intervenor below and appellee herein, Mountain Valley Bank, N.A., were superior to the statutory liens which were claimed by the Attorney General and which arose pursuant to W. Va. Code § 47-14-11(d) (1995) (Repl. Vol. 1999) as a result of the failure of the defendants below and appellees herein, Combs Services, et al., to place in trust monies they had received from the sale of preneed funeral contracts. Additionally, the court ruled that the claims of two preneed funeral contract buyers, who purchased their contracts prior to the creation of the intervenor's perfected security interests, did not constitute statutory liens in accordance with the then-applicable prior version of the priority statute, W. Va. Code § 47-14-11(d) (1983) (Repl. Vol. 1992). Upon a review of the parties' arguments, the appellate record, and the pertinent authorities, we find that, as between the preneed funeral contract claims and the intervenor's secured claims at issue herein, the contract claims arising before the perfection of the intervenor's security interests should receive first priority; the intervenor's secured claims are entitled to second priority; and the contract claims arising after the intervenor perfected its security interests should be paid third. Therefore, we affirm as modified the ruling of the Tucker County Circuit Court.


Free Download "State Ex Rel. Mcgraw V. Combs Services" PDF ePub Kindle