Riely v. Kinzel

Citations

• 85 Va. 480
• 7 S.E. 907
• 1888 Va. LEXIS 59

Syllabus

<p>1. Chancery Practice&emdash;Decree&emdash;Revival&emdash;Laches.&emdash;Twenty-eight years after final decree, confirming sale of land for payment o/ claims, and after nearly all the parties and witnesses are dead, the record lost, and the property passed through many hands on faith of the title acquired under the decree, a clause in said decree, which provides that “ any of the parties to this suit have leave to ask any such further order as may be necessary to enforce the same ”;</p> <p>Held :</p> <p>Insufficient to authorize the revival of the suit.</p> <p>2. Idem&emdash;Petition to revive&emdash;Demurrer.&emdash;A demurrer will lie to a petition to revive such decree if it fail to make all the parties to the original suit parties to the petition, and if it make parties of persons whose only connection with the transaction is that they are the last in the list of purchasers of the land sold under the decree.</p> <p>3. Idem&emdash;Interest of parties.&emdash;Heirs named in a decree as being entitled to any balance of the price of lands sold to pay debts, after paying the costs and debts, without proof that said price sufficed to pay the costs and debts and leave a balance;</p> <p>Held :</p> <p>Not to have such an interest in such decree as entitled them to revive the suit.</p>