Kelly v. Lehigh Mining & Manufacturing Co.

Citations

• 98 Va. 405
• 36 S.E. 511
• 1900 Va. LEXIS 56

Syllabus

<p>1. Chancery Practice—Delivery of Title Papers—Adequate Remedy at Law.—A court of equity has jurisdiction to decree the specific delivery of title papers to heirs at law, devisees and other persons properly entitled to the custody and possession of the same, when they are wrongfully detained, or withheld from them. This is an old and well-settled subject of equity jurisdiction, and is not affected by the fact that a statute gives the complainants a complete and adequate remedy by an action of detinue. In the absence of prohibitory or restrictive words in the statute, courts of equity still retain their jurisdiction in such cases.</p> <p>2. Muniments oe Title—Delivery—Oommon-Law Rule—Rule in Virginia. Although, at common law, a grantee of land was entitled to demand and have of his grantor all title deeds and muniments of title, and the same passed with the conveyance of the land without being mentioned in the deed, this common-law rule is not in force in this State, where the public records furnish evidence of title, and where copies therefrom, equally with the originals, are admissible in evidence, and hence the grantee is not entitled, as a matter of law, to demand of his grantor the original muniments of title. In this State the deposit of title deeds creates no lien as against a subsequent dona fide purchaser or encumbrancer.</p> <p>3. Continuance—Discretion.—A motion for a continuance is addressed to the sound judicial discretion of the trial court under all the circumstances of the particular case, and its action will not be reversed unless plainly erroneous.</p>