Bates v. Brown

Citations

• 80 Va. 126
• 1885 Va. LEXIS 48

Syllabus

<p>1. Practice in Chancery — Preniatw e hearing on merits. — Where, in suit to remove encumbrance of a satisfied trust-deed, on demurrer, the bill is held to present a case meet for equity, and exhibits are filed tending to support such case, and the answer denies the identity of the property claimed by plaintiff with the property which had been conveyed to him, it is error for the court to determine the question of identity on the pleadings and exhibits without giving the parties full opportunity to take all desired testimony. Though the bill and exhibits may not, yet witnesses might establish the identity.</p>