Osincup v. Henthorn

Citations

• 89 Kan. 58
• 130 P. 652
• 1913 Kan. LEXIS 12

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>. 1. Conveyance — Mistake of Rights under Laws of Another State — Equitable Relief. The mistake of the wife and mother of a decedent in regard to the law of descents and distribu•tions of a state other than that of their residence, which led to the apportionment and transfer of land owned by the decedent at the time of his death to the mother when, under the statute, the widow was entitled to all of it, is a mistake of fact against which equity will relieve unless some principle of equity bars the granting of such relief.</p> <p>2. - Laches — Delay in Asserting Rights. The general rule is that equity will not interpose to relieve from a mistake where there is inexcusable delay and negligence in asserting a right or where the granting of the relief would operate inequitably, but laches is an equitable defense and will not bar a recovery from mere lapse of time nor where there is a reasonable excuse for non-action of a party in making inquiry as to his rights or in asserting them.</p> <p>3. - Whether Party Was Guilty of Laches Was for the Jury. In view of the testimony herein as to the delay of appellant in making inquiry or in asserting her right to land owned by her but which was conveyed to the mother of decedent by mistake,' the question whether she was guilty of laches was one of fact, and the ruling of the trial court sustaining a demurrer to her evidence was error.</p>