Harlan F. Stone

“ A period of about six years elapsed between the giving of the Thomas lease and the filing of the bill. The defendants neither pleaded nor have they urged laches as a defense; nor do we find in the record any adequate basis for denying relief on that ground. One who claims the benefit derived from a breach of trust in which he actively participates, and who shows no prejudice resulting from the delay in bringing suit to compel him to account, cannot complain of laches. ”

“ Thomas, under whom Dunn and Gillam claim, assumed to act as guardian in the disposition of his ward's property. Dunn and Gillam dealt with him in that capacity. On common-law principles they cannot deny the legal capacity in which their lessor purported to act in executing the lease under which they claim. ”

“ The practical effect was to enable the other stockholders, at a price, to weaken the danger of being involved in the fraud by their probable guilty knowledge of it. But, even if it were deemed to be a confirmation of the lease, such a confirmation is not inconsistent with a recovery of the proceeds of the lease from Dunn and Gillam and those claiming under them, nor, as has been pointed out, does it bar a recovery of the proceeds. ”

“ Eaves was appointed curator of the minor by the United States Court for the Southern District of the Indian Territory in November, 1905, and on admission of the territory of Oklahoma and the Indian Territory to statehood as the state of Oklahoma that court transmitted the curatorship record to the county court of Love county. ”