Adams v. Pugh's Administrator

Citations

• 116 Va. 797
• 83 S.E. 370
• 1914 Va. LEXIS 90

Syllabus

<p>1. Dismissal Without Prejudice&emdash;Effect.&emdash;The dismissal of a filed in chancery for the recovery of a debt, without to the petitioner to institute such action as he might be advised to bring for the maintenance of his rights, is not a final adjudication of the matter in controversy.</p> <p>2. Dismissal&emdash;Effect&emdash;Fraud.&emdash;The dismissal of a suit brought to a balance alleged to be due on a contract for the of machinery is not an adjudication that the defendants were never bound for such purchase money by reason of fraud in the transaction.</p> <p>3. Subrogation&emdash;Joint Debt&emdash;Lien&emdash;Overpayment by One&emdash;Limitation of Actions.&emdash;Where one of several joint obligors in a debt by a lien pays more than his share of the joint debt, he is, as against his co-debtor, entitled to subrogation to the rights of the creditor in such lien for the repayment of the excess. Though an action at law to secure personal liability be barred by limitation, the right of subrogation to the lien of the creditor still exists.</p> <p>4. Equity&emdash;Laches&emdash;What Constitutes.&emdash;Length of time alone is not a test of staleness of a demand, and mere lapse of time, by some circumstances affording evidence of a that the right has been abandoned is not laches. Generally, if the sum sought to be recovered is certain, the transaction has not become obscure, and there has been no such loss of evidence as will be likely to produce injustice, a court of equity will not refuse relief merely because there has been delay in asserting the claim.</p>