1. "Neither laches nor the statute of limitations will run against one in peaceable possession of property under a claim of ownership for delay in resorting to a court of equity to establish his rights.”
Sutton v. McMillan,
2. The due registration of a deed is presumptive evidence of its delivery, but this presumption is rebuttable.
Lowry v. Lowry,
3. A court of equity will cancel the record of a deed which was never delivered, where possession of the property remained in the grantor, and the deed was filed for record by mistake of the attorney for the grantor, as between the original parties and their privies in estate, except as against bona fide purchasers without notice.
4. “A bona fide purchaser for value, and without notice of an equity, will not be interfered with by equity.” Code § 37-111.
5. A judgment creditor does not stand on the same basis as a bona fide purchaser without notice, so as to prevent the cancellation of the record of a deed which was never delivered.
Burke & Anderson,
6. The petition in the present case does not set out facts which show that the doctrine of equitable estoppel should be applied against the petitioner. The case of
Zimmer v. Dansby,
7. The petition in the present case states a cause of action. The order of the trial judge overruling the general and special demurrers to the petition, the motion to dismiss the petition, and the general demurrer to the intervention was not erroneous.
Judgment affirmed.