Summary

Portrait of Melville Fuller Melville Fuller Mackall v. Casilear — Opinion of the Court

The doctrine of laches is based upon grounds of public policy, which requires for the peace of society the discouragement of stale demands; and where the difficulty of doing entire justice by reason of the death of the principal witness or witnesses, or from the original transactions having become obscured by time, is attributable to gross negligence or deliberate delay, a court of equity will not aid a party whose application is thus destitute of conscience, good faith, and reasonable diligence.
Source: Wikisource

Portrait of Melville Fuller Melville Fuller Mackall v. Casilear — Opinion of the Court

These views are applicable to the defendants Casilear. Casilear purchased at a sale under a trust-deed given to secure a note for $3,000, in respect to which there is no allegation that the note was not for value received. The excuse for the delay is that complainant protested against Casilear's claim, and notified him that he would not submit to the sale; but the mere assertion of a claim, unaccompanied by any act to give effect to it, cannot avail to keep alive a right which would otherwise be precluded.
Source: Wikisource

Portrait of Melville Fuller Melville Fuller Mackall v. Casilear — Opinion of the Court

Without regard to the deed of February, 1880, the rule in question would forbid relief, and, so far as that deed is concerned, complainant could not elect to take under it and then claim that delay was excused while he experimented in trying his case by piecemeal. Of course it must be admitted that an affectionate son would eel a natural reluctance to make a charge of fraud against his father, but, where the time consumed in overcoming this is prolonged as in this instance, we cannot recognize the relationship as sufficient explanation of the laches.
Source: Wikisource

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