Davis v. Tebbs

Citations

• 81 Va. 600
• 1886 Va. LEXIS 127

Syllabus

<p>1. Chancery Practice—Partition—Title—Equity—Notice—Bills— Demurrer.—The jurisdiction of equity to decree partition of lands and take cognizance of all questions of law arising therein affecting title is settled by statute. Code 1873, ch. 120, see. 1. A bill averring that plaintiff, under a duly probated will, is entitled to part of a tract of land held by defendant owning the other part under the same will, and praying for partition, is sufficient, though it fails to aver that defendant purchased his part with notice of plaintiff’s claim ; it sufficiently appearing that defendant was put on inquiry, and being bound to make it, was affected with knowledge of all he might have discovered had he done his duty. Effinger v. Hall, ante, p. 94.</p> <p>2. Idem—Identity—Pleadings—Evidence.—Where the answer and exhibits identify the land held by defendant with the land claimed by plaintiff in his bill, there is no need for proof on that point.</p> <p>3. Case at Bar—Laches—Statute of limitations.—B, mother of plaintiff, under her father’s will as construed by this court in 1867 (see 17 Gratt. 349) v owned a life estate in the land in dispute, with remainder in fee to such of her children as might survive her. She died in 1852, and out of seven children, only three survived her, of whom plaintiff was one. By deed in 1817, she relinquished her life estate to her seven children then living, and suit was brought for partition. Pending it, in 1818, a deed was made between the adults (to which plaintiff, being then a minor, was no party), agreeing to abide the partition to be made. The record has been destroyed, but the partition was made between the seven. In 1827 a deed was executed by plaintiff and others, ratifying the partition, but not so far as T. was concerned, neither he nor his wife being party to the deed. She was one of the three survivors, and her interests and the interests of her sister, the remaining one of the three, had passed to T. In 1852, after the death of B