Summary

Portrait of Roger B. Taney Roger B. Taney McKnight v. Taylor's Trustee — Opinion of the Court

There must be conscience, good faith, and reasonable diligence, to call into action the powers of the court. In matters of account, where they are not barred by the act of limitations, courts of equity refuse to interfere after a considerable lapse of time, from considerations of public policy, and from the difficulty of doing entire justice when the original transactions have become obscure by time, and the evidence may be lost.
Source: Wikisource

Portrait of Roger B. Taney Roger B. Taney McKnight v. Taylor's Trustee — Opinion of the Court

And as to all of the creditors named in the schedule, they had originally an easy and simple remedy in their own hands, to be used or not at their own pleasure; and if they have suffered it to be lost by the lapse of time, their own negligence can give them no right to call into action the powers of the Court of Chancery.
The decree of the Circuit Court must therefore be reversed, and the bill dismissed with costs.
Source: Wikisource

Portrait of Roger B. Taney Roger B. Taney McKnight v. Taylor's Trustee — Opinion of the Court

It certainly cannot be said that there has been any thing like reasonable diligence by any of the creditors in the case before us; and at this distance of time, when many of the parties originally concerned are dead, we should hardly do justice between them if we required the appellant to pay the whole amount stated in the schedule, unless he can establish the credits he claims by legal proofs.
Source: Wikisource

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