Thurmond v. Chesapeake & O. Ry. Co.

Citations

• 140 F. 697
• 72 C.C.A. 191
• 1905 U.S. App. LEXIS 3952

Syllabus

<p>1. Equity — Grounds fob Demurrer — Laches.</p> <p>The defense of laches may be made by demurrer, where the facts constituting such laches appear on the face of the bill.</p> <p>[Ed. Note. — Eor cases in point, see vol. 19, Cent. Dig. Equity, i 498.]</p> <p>2. Specific Performance — Defense of Laches.</p> <p>A bill to enforce specific performance of a contract by which a railroad company agreed to locate a station on land of complainant was properly dismissed on the ground of laches, where it appeared on its face that more than 16 years had elapsed since the contract was made, and that shortly thereafter defendant had built, and during most of the time since had maintained, a station at another point only a short distance from complainant’s land, which had become an important shipping point.</p> <p>[Ed. Note. — Eor cases in point, see vol. 44, Cent. Dig. Specific Performance, § 330.]</p>