Sanchez v. Dow

Citations

• 23 Fla. 445

Syllabus

<p>1. Equity will bar demands become stale by lapse of time, even though a trust be involved, if time and long acquiescence have obscured the acts of the parties, or other circumstances have given rise to presumptions unfavorable to its continuance.</p> <p>2. J. F., executor of P. and L. and T. F., collected money for their estates in 1808, and acknowledged his indebtedness up to his death in 1823, conditioned upon the result óf a claim of a third party against the estate. In 1830 a court in Louisiana decided adversely to the claim. A. suit was brought in Matanzas against the executor of J. F. for his indebtedness, which ended in 1836 in a judgment against the executor. From that time till tire bringing of this suit in 1876, so far as appears, no steps were were taken to enforce the debt, and no excuse given for the delay except non-residence of complainants and their ignorance of the claim. The ancestors, through whom complainants derive, or some of them, knew of the claim and took action in regard to it: Held, That under such circumstances the claim is a stale one and barred by lapse of time.</p>