Brannon v. Riffle
In Brannon v. Riffle, 197 W. Va. 97, 475 S.E.2d 97 (1996), the Appellants, as purchasers of the property in question, argued that summary judgment was improper where factual issues existed regarding when the Appellees had knowledge of the lapse of certain oil and gas leases.
In addressing this claim, the Court observed as follows:
"The circuit court reasoned that even if there had been a mutual mistake of fact with regard to the validity of the Eddy lease, the doctrine of constructive notice precluded any reliance on such mistake. Conversely, Appellants maintain that these factual inquiries are not precluded by the doctrine of constructive notice. We agree." (197 W. Va. at 100, 475 S.E.2d at 100.)