Welfley v. Shenandoah I., L., M. & M. Co.

Citations

• 83 Va. 768
• 3 S.E. 376
• 1887 Va. LEXIS 121

Syllabus

<p>1. Chancery Practice&emdash;Pleadings&emdash;Evidence&emdash;Fraud.&emdash;A court of equity can only decree on the case made by the pleadings. Evidence of matters not noticed in the pleadings will be of no avail. Fraud, not put in issue by the pleadings, cannot be introduced by depositions. Gregory v. Peoples, 80 Va. 355.</p> <p>2. Specific Performance&emdash;Sale of land&emdash;Unrecorded deed&emdash;Case at bar.&emdash; W. bought land of S., paid part, got possession, and made improvements, but did not call for conveyance till a few months before last payment was due. He then learned that the land had been conveyed before he bought it to M., whose deed was then unrecorded, butwhich was recorded that day, when a deed reconveying the land to S. was also recorded.</p> <p>Held :</p> <p>W. is entitled to specific performance of sale to him.</p> <p>3. Idem&emdash;Evidence of fraud&emdash;Particeps fraudis&emdash;Case at bar.&emdash;In that suit no averment of fraud was in the bill, but defendant introduced evidence to prove that W. had requested S. to convey the land to M. in order to defraud W.’s creditors.</p> <p>Held :</p> <p>Defendant’s showing himself to be particeps fraudis, could not make defense of the fraud, which had not even been alleged.</p> <p>4. Corporations&emdash;Change of name.&emdash;Action against corporation in its former name cannot be defeated by showing that it had changed its name without any change of its membership.</p>