Gibson v. Green's Adm'r
Supreme Court of Virginia
Appeal from decree of circuit court of Culpeper county, rendered on the 26th of September, 1888, in a suit in equity wherein J. C. Gibson and wife, appellants here, were jdaintiffs, and J. Ambler Brooke, administrator d. b. n. c. t. a. of John Cook Green, deceased, and, others, were defendants; the case being as follows: The appellants, Gibson and wife, filed their bill in May, 1888, for an injunction.
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Appeal from decree of circuit court of Culpeper county, rendered on the 26th of September, 1888, in a suit in equity wherein J. C. Gibson and wife, appellants here, were jdaintiffs, and J. Ambler Brooke, administrator d. b. n. c. t. a. of John Cook Green, deceased, and, others, were defendants; the case being as follows: The appellants, Gibson and wife, filed their bill in May, 1888, for an injunction. The bill states that on the 21st of November, 1867, Mary G. Shackelford, now Mrs. Gibson, and Lucy B. Shackelford executed a deed of trust on a tract of land known as “ Cleaveland,” situate in…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
In the petition for appeal the point is for the first tune made, that not only was the debt secured by the deed'of trust merged in the judgment, but that the judgment is barred by the statute of limitations; and on this ground it is contended that the injunction ought to have been perpetuated.
This position is untenable. In the first place, no mention of the statute is made in the pleadings, and nothing is better settled than that the statute, to be availed of, must be pleaded. Hickman v. Stout, 2 Leigh 6; Smith v. Hutchinson, 78 Va. 683. Indeed,…
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