Jeffries v. Southwest Va. Improvement Co.

Citations

• 88 Va. 862
• 14 S.E. 661
• 1892 Va. LEXIS 40

Syllabus

<p>1. Fbaud — Proof—Alleger.—Fraud must be clearly and distinctly proved by the alleger thereof, and is never presumed.</p> <p>2. Laches — Relief.—Mere lapse of time a transaction has been allowed to stand, may render it unimpeachable in equity. What constitutes laches depends upon the circumstances of the particular case. One cannot be permitted to remain passive, prepared to confirm or repudiate the transaction according to what nwy turn out to be for his advantage.</p> <p>3. CnosES in Action — Assignable—Exception.—Choses in action are commonly assignable even at law; but an assignment of a mere right of action to procure a transaction to be set aside on the ground of fraud is not permitted.</p> <p>4. Deeds — Cancellation—Case at bar. — In the case here, upon the facts set forth in the opinion, there being no evidence to sustain the charge of fraud, but, on the contrary, it appearing that the complainants themselves were guilty of fraud;</p> <p>Held :</p> <p>There was no error in the refusal to cancel the deeds and the decree alleged to have been fraudulently procured.</p>