Potomac Man'f'g Co. v. Evans

Citations

• 84 Va. 717
• 6 S.E. 2
• 1888 Va. LEXIS 135

Syllabus

<p>1. Chancery practice—Pleadings—Evidence—Decree—Case at bar.—-The decree must conform to the allegations of the bill. And wh§re bill sets out trust deed which stipulates that it shall be enforceable only after six months subsequent to demand made on default of payment, there can be no decree to enforce trust deed, though more than six months have elapsed after default and institution of suit, before decree was entered, the suit not being considered the demand stipulated for. Welfley v Man. Co., 83 Va., 768.</p> <p>2. Trust deed—When enforceable—Case at bar.—Trust deed provides that interest shall be paid when due, and on default after demand, for more than six months, on written demand of bondholders, trustee shall sell; and that, in event of.such default continued for more than six months, the principal shall become due, provided majority of bondholders shall make written demand:</p> <p>Held :</p> <p>1. All the provisions must be construed together.</p> <p>. 2. Default can be predicated only upon refusal to pay on demand, and such default must continue more than six months before right to enforce accrues.</p>