Castleman's Adm'r v. Dorsey

Citations

• 78 Va. 342
• 1884 Va. LEXIS 10

Syllabus

<p>Equitable Jurisdiction and Relief&emdash;Personalrepresentatives-Staleness of demand-Case at bar.-S and wife by deed, in 1839, conveyed to C certain land with the usual covenants of title. At C’s death, in 1842, two bonds for part of the purchase-money were unpaid. C’s administrator made five settlements (which were all approved and recorded, the last in 1852), in four of which it is mentioned that these bonds were not paid on account of defect of title to the land, and that adm’r retained funds to meet them. In 1877 suit was brought against C’s adm’r and his sureties by the distributees of C, who, and his heirs, had enjoyed undisturbed possession of the land, for final settlement of administration, including the funds retained to pay the bonds due S, and for distribution. In the bill there was no allegation of breach of the conditions of the administration bond, or any of devastavit. Demurrer was filed to the bill and its demand resisted as stale and as barred.</p> <p>Held:</p> <p>1. The bill should be dismissed for want of equity on its face.</p> <p>2. The laches of the distributees, in delaying their demand, affords strong presumption, unrepelled by proof, that it has no foundation in justice, and had been abandoned.</p> <p>3. The plea of the statute, of limitations as a bar to demand against the sureties should be sustained.</p>