Johnston v. Standard Mining Co.

Syllabus

<p>The mere institution of a suit does not of itself relieve a person from the 'charge of laches; and if he fail in its diligent prosecution, the consequences are the same as though no action had been begun.</p> <p>Where a question of laches is in issue the plaintiff is chargeable with such knowledge as he might have obtained upon inquiry, provided the facts already known to him were such as. to put the duty of inquiry upon a man of ordinary intelligence.</p> <p>The duty of inquiry is all the mc>re peremptory when the thing in dispute is mining property, which is of an uncertain character, and is liable to suddenly develop an enormous increase in value.</p> <p>In this case it is clear that the plaintiff did not make use of that 'diligence which the circumstances of the case called for.</p>