Galliher v. Cadwell

Syllabus

<p>Laches does no.t, like limitation, grow out of the mere passage of time; but it is founded upon the inequity of permitting the claim to be enforced— an inequity founded upop some change in the conditioiror relations of- - the property or the parties.'</p> <p>G-. made a homestead entry in Washington Territory in 1872. He died in 1873. The entry was cancelled in 1879 for want of final proof within the seven years. In 1880 the act of June 15, 1880, was passed, 21 Stat. 236,- c. 227, authorizing persons who had made homestead entries'to entitle themselves to the lands on paying the government price therefor. G.’s widow made application for a patent-under this act, and her application was rejected. In 1881 W. entered the tract, and in 1882 received a patent for it. In 1884 the widow made an application for a rehearing under the act of 1880, and her application was rejected in the same year. The land having greatly increased in value fey the growth of the city of Tacoma, C., claiming through conveyancesLrom W., filed a bill to quiet title, making the widow a defendant. The widow answered setting up as a prior right the homestead entry. Held,</p> <p>(1) That it was doubtful whether the widow of G. was entitled to the benefit of the act of June 15,1880: but that, without deciding that question,</p> <p>(2) In view of the rapid and enormous increase in value of the tract, and her -knowledge of all the circumstances; which must be assumed from.her near residence to the property, a court of equity .would not disturb a title legally perfect, created by the General Government after a decision adverse to any reservation of the homestead right, and on the faith of whieh costly improvements had been made.</p>