Dismal Swamp Land Co. v. Macauley's Adm'r

Citations

• 85 Va. 16
• 6 S.E. 697
• 1888 Va. LEXIS 3

Syllabus

<p>1. Chancery Practice&emdash;Reinstatement&emdash;Loss of papers.&emdash;Cause on docket of circuit court at its last session before the war. All records of that court destroyed during the war except such as are in the attorney’s hands. In 1881 the cause was not on docket, it not appearing that it had been legally removed. On motion it was reinstated;</p> <p>Held :</p> <p>No error.</p> <p>2. Idem.&emdash;Laches&emdash;Case at bar.&emdash;Bill for profits of dower filed in 1829, and pending in 1859, was not prosecuted until 1881, with no excuse on record for such failure. The evidence showing that any decision must be conjectural, and the danger of injustice being almost certain, the original transactions being obscured by time, and evidence having been probably lost.</p> <p>Held :</p> <p>The bill should be dismissed.</p>