Joseph Story

“ And such a long silence does, as we have already intimated, justly lead to the conclusion of a consciousness, that the right, if any, was exceedingly doubtful. In the mean time, the property has materially risen in value, from the general improvement and settlement of the country, and thus furnishes an additional reason for not disturbing the existing rights of property. ”

“ It is true, that the bond of Rogers to Dickinson, taken alone, presents only the common case of a contract for a sale of land at a specific price, with an undertaking to make a good and lawful deed of the land, when required by the vendee. ”

“ Courts of equity are not in the habit of entertaining bills for a specific performance, after a considerable lapse of time, unless upon very special circumstances. Even where time is not of the essence of the contract, they will not interfere, where there has been long delay and laches on the part of the party seeking a specific performance. ”

“ All persons having an interest in the suit, ought to be made parties, either as complainants or defendants. In this case, the four daughters of the testator are each entitled to one sixth part of the land during their lives, with remainder to their children respectively in fee; and they cannot be divested of their interest without giving them an opportunity of asserting their rights. Any decree in this case against Thomas and Edmund Rogers would not, of course, conclude the other devisees who are not defendants ”

“ It is a suit by the obligee against the heirs and executors of the obligor. The obligor and his heirs and executors, as soon as the title was perfected, held the land in trust, to be conveyed in satisfaction of the contract with the ancestor.
There is no statute of limitation to suits on bonds, to operate as a legal bar. But the defence at law, from length of time, is founded on presumption of payment. After twenty years, where no demand has been made, and no interest has been paid during that time, a jury may presume payment or satisfaction; faction ”

“ During all this time, George Rogers, the heir of John, and the executors and devisees of the heir, were in possession of the contract, fully apprised of it-bound to do the first acts, by procuring the title, and tendering a conveyance ”

“ And especially will they not interfere, where there has, in the mean time, been a great change of circumstances, and new interests have intervened. In the present case, the bill is brought after a lapse of twenty-nine years. ”