Lux v. Haggin

Citations

• 69 Cal. 255

Syllabus

<p>Injunction — Estoppel—Laches—Delay. —As tlie case was presented in the court below, the plaintiffs were not estopped from seeking relief by injunction by reason of their laches or delay.</p> <p>Id. — Estoppel in Pais—What Constitutes.—To constitute an estoppel in paii, it must be shown that the party claiming the benefit of it was without knowledge of his own legal rights, and of the means of acquiring such knowledge; that the person sought to he estopped has made an admission or done an act with the intention of influencing the conduct of the other, or that he had reason to believe would influence his conduct, inconsistent with the evidence he proposes to give, or the title he proposes to set up; that the other party has acted upon or been influenced by such act or declaration, and will be prejudiced by allowing the truth of the admission to be disproved.</p> <p>Id. —Riparian Proprietor—Unlawful Diversion of Water—Knowledge of Construction of Ditch.—A riparian proprietor is not es-topped from objecting to the unlawful diversion of the waters of a stream flowing through his land, by reason of the mere fact that the ditches used in diverting the water were constructed at great expense, with his knowledge and without objection by him.</p> <p>Equity—Statute of Limitations—Delay for Less than Statutory Period. — Where an express statute of limitations applies to a suit in equity, mere delay to commence the suit for a period less than that of the statute is never a reason for dismissing it; and where the defendant relies on mere delay and his own adverse use, the statutory period having expired, he must plead the statute.</p> <p>Id. —Section 343 of Code of Civil Procedure—Applicable to Suits in Equity.—Section 343 of the Code of Civil Procedure, providing that “an action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued,” applies •to suits in equity as well as to actions at law.</p> <p>Id. — Acqui