Hatcher v. Hall

Citations

• 77 Va. 573
• 1883 Va. LEXIS 92

Syllabus

<p>1 Laches and Lapse of Time.-It is an inherent doctrine of courts of equity to refuse relief where there have been gross laches in prosecuting rights, or long and unreasonable acquiescence in the assertion of adverse rights. This doctrine, founded on considerations of natural justice and public policy, is always firmly enforced, especially where the immediate parties to the transactions are dead. 2.</p> <p>2. Idem.-Harrison and als. v. Gibson and als., 23 Gratt. 212, approved. 3.</p> <p>3. Idem-Case at bar.-Testator devised his land and died in 1851. In 1852, under decree, it was sold by his executors to pay his debts. In 1858 sale was confirmed and an account ordered of the administration, and of balance of purchase money unpaid, and to whom due. Vouchers were laid before a master and lost durante bello. • The purchase was transferred to B. H., one of the executors, with the,consent of the others. After the war B. H., adjudicated a bankrupt, surrendered the land as assets. It was sold in parcels, the purchasers paying for im- proving and occupying the same. The devisees, with notice, stood silently by; but in 1876, after the death of all the executors and the master, and the loss of the papers, brought ejectment. Purchasers en- joined. Devisees answered, denying all the material allegations. Ac- counts were taken, and a decree entered to sell the land to pay balances held to be due devisees. On appeal&emdash; The</p> <p>Held:</p> <p>deviseés, though in form defendants, are in substance plaintiffs, seeking by ejectment to disturb a status, in which, without suffi- cient explanation, they have long acquiesced; and it is too late for them to obtain relief here without disregard of established principles. Appeal</p>