McKin v. Williams

Citations

• 48 Tex. 89

Syllabus

<p>1. Equity—Stale demand.—In an action of trespass to try title to land claimed as a locative interest by the plaintiff, it is error to instruct the jury, that if the contract for the location of the certificate which appropriated the land was made more than ten years before the institution of the suit, to find for defendant. Even should the suit be regarded as an action for specific performance, the plaintiff’s right to equitable relief would depend, not on the date of the contract, but upon the lapse of time after the cause of action accrued.</p> <p>2. Stale demand.—When ten years have elapsed since the plaintiff should have sued, to enforce an agreement for the conveyance of land, equitable relief will not be granted, without some excuse for the delay. Even after the lapse of ten years, there is no fixed rule prohibiting relief, if the circumstances of the case sufficiently account for and excuse the delay.</p>