80 Va. 126 | Va. | 1885
delivered the opinion of the court.
In February, 1874, the appellants instituted this suit in the chancery court of the city of Richmond against the appellees
From this decree an appeal was allowed to this court.
The appellants insist here that the court, having overruled the demurrer of the defendants, should have alloAved their prayer for a reference to a commissioner, to adduce their proofs; and that it was error to decide the cause upon the merits before the proofs were all in.
If the demurrer was properly overruled, because the bill presented a case for equity jurisdiction, the merits of the case should only be determined upon the fullest proofs on both sides which either party desired to offer. While the identity of the property may not have been established upon the bill and exhibits, it is possible that it might be upon the testimony of witnesses; at all events, it is but reasonable to allow a plaintiff, who presents a sufficient case for eqtiity jurisdiction upon his bill, all suitable opportunity to prove his case.
The case appears to be concerning a trust, to relieve real estate from the lien of a trust-deed, duly paid and satisfied in full, but which is unreleased.
The subject is eminently one for equity jurisdiction. The identity of the property and the facts in the cause can only be duly considered and determined when the facts are all before the court. A decision upon the merits in advance of the testimony was premature, and for that reason was erroneous. It was not proper for the chancery court to decide the cause, and it would not be proper for this court to express any opinion upon the merits of the cause until the evidence is adduced on both sides.
Decree reversed.