Davis' Adm'r v. McMullen's Adm'r

Citations

• 86 Va. 256
• 9 S.E. 1095
• 1889 Va. LEXIS 33

Syllabus

<p>1. Common law practice—¿Statute of limitation*.—Where action is on covenant by defendant to execute bonds at a stated time, statute of limitations begins to run at that time, though in same instrument plaintiffs covenant to convey at same time the property to defendant and fail to do so, and though they did convey it later and defendant accepted the conveyance.</p> <p>2. Idem—Waiver.—Acceptance of such conveyance six years after the stated time, does not constitute a waiver of the covenant, so as to cause the Ftatute to run only from the acceptance, where plaintiffs do not aver that they were ready and willing and offered to convey at the stated time, or were prevented from doing so by defendant, and there is no evidence of waiver.</p> <p>3. Idem—Plea of statute of limitations.—That defendant “ did not within 20 years next before the bringing of this suit break his covenant,” is a good plea of the statute of limitations.</p> <p>4. Idem—Defective plea cured by verdict.—If defective and not demurred to, such plea is cured after verdict under Code of 1873, ch. 177, sec. 3.</p>