Brown v. Rice's Adm'r

Citations

• 76 Va. 629
• 1882 Va. LEXIS 65

Syllabus

<p>1. Equitable Defences—Fraud and mistake.—A and J, partners, give two notes to R. Both partners die. After the notes are barred by the statute of limitations, M, administratrix of J, executes two bonds to R for half of the amount of the notes. To do this M is induced by R’& proposition, that if M will give her bonds for one-half of the amount of the notes, R will settle the other half with A’s executrix, who is R’s daughter, and thus release the estate of J from all liability for the latter half of said notes.</p> <p>Held:</p> <p>1. Whether M executed the bonds under influence of fraudulent representations of R that the notes were valid and binding debts against J’s estate, when in fact they were barred by the statute of limitations, or whether she executed the bonds under a mistaken belief that the notes were still valid and binding debts against her intestate’s estate, or whether the mistake was confined to M, or whether it was common to both her and R, M’s case is one proper for relief in equity, or at law under the equitable defences given by the statute.</p> <p>2. When in a court of law the defendant’s defences are, under the statute, equitable pleas, the rules of equity prevail, and he is entitled to the same relief as if in a court of equity.</p> <p>3. The proposition of R to release J’s estate from one-half of a note of J, upon J’s administratrix executing a bond for the other half of said note, seems to be an unequivocal representation that J’s estate was bound for the whole of the note.</p> <p>2. Practice at Common Law—Instructions.—An instruction which undertakes to recite the evidence must recite all the evidence; otherwise the jury may be misled into deeming the unreeited evidence immaterial.</p> <p>3. Idem—Idem.—An instruction which says “ fraud must be clearly proved,” without adding that it may be proved by circumstances, is also calculated to mislead.</p> <p>4. Idem—Idem.—An instruction that no ignorance or mistake of law can be considered as a de