Bell v. Wood

Citations

• 94 Va. 677
• 27 S.E. 504
• 1897 Va. LEXIS 124

Syllabus

<p>1. Statute of Limitations—Bonds—Presumption of payment—Partial payments.—Prior to July 1, 1850, there was no positive limitation as to the time within which an action must have been brought on a bond. And, although after that time a limit of twenty years was prescribed, an order for an account of debts in the case at bar, which was a suit to settle the estate of a deceased obligor, stopped the running of the statute. The presumption of payment after the lapse of twenty years is repelled by a payment within that time.</p> <p>2. Equitable Relief—Stale demands—Laches.—Courts of equity will not lend their aid to enforce stale demands, but demands are considered stale only where gross laches is shown with unexplained acquiescence in the operation of an adverse right. Laches is the omission of some duty, ■ but mere delay, unaccompanied by circumstances tending to show an abandonment of the right, is not laches. Each case, however, must depend upon its own peculiar circumstances. 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> <p>3. Demurrer—Deed to “ Payette Mauzy ”—Acknowledged before “P. Mauzy.” On a demurrer to a petition which alleges that a deed to ‘ ‘ Fayette ' Mauzy,” trustee, was acknowledged before “F. Mauzy,” clerk, it will not be assumed that the two names represent one and the same person. This is a matter of proof.</p>