Updike's Adm'r v. Lane

Citations

• 78 Va. 132
• 1883 Va. LEXIS 20

Syllabus

<p>1. Statute of Limitations-Bonds-Commencement of limitation-War and stay period.-Bond payable October, 1847, not barred when action brought in 1876. By ch. 149, Code 1849, the twenty years’ limitation on bonds executed prior to July 1st, 1850, began that day, and it was suspended during the period from April 17th, 1861, to January 1st, 1869.</p> <p>2. Appellate Jurisdiction-Decree against distributees.-Where for debt of decedent there is no decree in solido against his personal representative, but severally against each distributee for his proportion of the debt which exceeds $500, substantially it is a decree against the decedent's estate, and as it exceeds in the aggregate the minimum jurisdictional sum, an appeal lies from the decree in behalf of the distributees.</p> <p>3. Presumption of Payment.&emdash;The common law presumption of payment applies only to cases where twenty years have elapsed after the right of action accrued.</p> <p>4. Idem-Repellable by proof.-e. g. by express admissions within twenty years ; by payment of interest or part of principal; obligor’s inability to pay; suspension of collection by stay-law or war ; and even by near relationship, of the parties.</p> <p>5. Principal and Surety-Creditor loses no right, as against surety, by failing to press collection from principal, unless under Code 1870, ch. 144, 4 and s, surety shall notify creditor to proceed against principal, and he fails to heed the notice.</p> <p>6. Equitable Jurisdiction and Relief-Stale demands and gross laches. Courts of equity cherish the idea that naught save conscience, good faith and diligence can incite them to activity, and they will not entertain stale demands nor encourage gross laches. But in many cases of apparent laches the delay is often justifiable.</p>