Stuart v. Holland

Citations

• 179 F. 969
• 1910 U.S. App. LEXIS 5441

Syllabus

<p>1. Equity (§ 72*) — “Laches”—Elements in General.</p> <p>In order that “laches” may bar a suit in equity, it must appear that, beyond the mere lapse of time, it would be inequitable in some matter of substance to permit the claimant to assert his alleged right as against those having enjoyed the same in repose in the meanwhile.</p> <p>[Ed. Note. — Eor other cases, see Equity, Cent. Dig. § 213; Dec. Dig. § 72.*</p> <p>For other definitions, see Words and Phrases, vol. 5, pp. 3969-3972; vol. 8, p. 7700.]</p> <p>2. Equity (§ 67*) — Laches—Commencement of Suit.</p> <p>The institution of a suit does not relieve a person from the charge of ladies, and, if he fail in the diligent prosecution of his action, the consequences are the same as though he had never taken it.</p> <p>LEd. Note. — For other cases, see Equity, Dec. Dig. § 67.*]</p> <p>3. Waters and Water Courses (§ 177*) — Dams—Injunction—Laches—Elements.</p> <p>Where a suit to enjoin the maintenance of a dam was begun in 1884, and nothing was done in its prosecution from June, 1885, to May, 1907, during which time there was nothing to prevent its prosecution, though a part of the dam was located on land the title to which was involved in other litigation, and though the patent to the lands overflowed by reason of the existence of the dam did not issue till long after the commencement of the suit, but the value of the land in the meantime had greatly increased and its ownership changed, the suit is barred by laches of complainants.</p> <p>[Ed. Note.- — For other cases, see Waters and Water Courses, Cent. Dig. § 262; Dec. Dig. § 177.*]</p>