Walker v. Ray

Citations

• 111 Ill. 315

Syllabus

<p>1. Limitations, and lapse of time aside from the statute — in equity, As a general rule, subject to a few exceptions, a court of chancery follows the law in applying the Statute of Limitations to cut off stale demands; and where there are exceptions, a sufficient equitable excuse should be alleged and proved to account for the delay.</p> <p>2. Same — adverse possession of land — to defeat a specific performance —laches, within the statutory limit. While a court of equity7, as a general rule, will give effect to the Statute of - Limitations, it 'goes further in the interest of justice, and holds there is laches in many cases where there would he no bar to an action at law. Adverse possession of land for the statutory period of limitation, under a legal title, is not necessary to defeat a bill in equity to establish an equitable title, and enforce a specific performance of a verbal contract.</p> <p>3. Same — laches as against infants. Laches will not be imputed to infants during the period @6 the disability. It will be imputed only from the removal of the disability.</p> <p>4. Pleading and evidence — defence as against imputation of laches —how availed of. Li equity, if a complainant has any grounds of exception to prevent the bar of laches, or repel the presumption arising from delay in asserting an alleged right, the proper practice requires him to state such matters of avoidance in his bill; but under the present liberal practice as to amendments, the court may allow such matters to be brought into the case by an amendment to the bill. This equitable bar to relief can not be avoided by proof showing an excuse for the delay, unless such excuse is alleged in the bill.</p> <p>5. In this case, a bill for thq specific performance of a verbal contract to convey an interest in land, was filed by the complainant about twenty-five years after the alleged contract, against a minor heir and her father, having a life estate. It failed to allege any excuse for the delay. On