Bell v. Moon

Citations

• 79 Va. 341
• 1885 Va. LEXIS 124

Syllabus

<p>1. Equity Jurisdiction and Relief—Laches and Lapse of Time.—Where statute of limitations has no direct application, a defence may, in a court of equity, be founded on mere lapse of time and staleness of claim. Sometimes the court acts by analogy to the law; sometimes by its own inherent doctrine of discouraging antiquated demands where there has been gross laches in prosecuting rights, or long and unreasonable acquiescence in the assertion of adverse rights. But every case depends on its own particulars. Hill v. Umberger, 77 Va. 653; Updike v. Lane, 78 Va. 132; Coles v. Ballard, Id. 139.</p> <p>2. Practice in Chancery—Bill to Surcharge—Effect of Answer.—Where bill makes certain items of ex parte settlement subjects of special surcharge, and calls on defendant to account therefor, defendant’s answer, though containing affirmative allegations giving such account in detail, is responsive to the bill and evidence for defendant. Corbin v. Mills, 19 Gratt. 466; Morrison v. Grubb, 23 Gratt. 342.</p> <p>3. Assignment—Possession—Presumption.—Bonds and notes may be assigned by mere transfer, without indorsement, in which case, however, only the equitable title passes, and possession thereof creates a prima facie case of ownership.</p> <p>4. Parent and Child—Implied Promise.—Where child marries and leaves parental roof, then returns to reside there with adequate means of support, and is boarded by father, the law presumes in such case, as in others, a promise to pay from the acceptance of the benefit.</p>