by John Marshall Harlan

“ But, as these questions were not considered by the court below, and as their correct determination can be best made when all the facts are disclosed, we express at this time no opinion upon them, and place our decision upon the ground that the supreme court of the territory erred in holding that the complaint failed to show that the plaintiff was entitled to relief from a court of equity. The defendants should be required to meet the case upon its merits. ”

“ Bryan's residence at the time of her husband's death was in Maricopa county, where the real estate in question is situated, the court below presumed, not only that it continued there, but that she 'stood by' for nearly four years, forbearing to exercise her right to redeem, and 'saw the property enhancing in value,-saw it sold time and again,' without asserting any interest in it. ”

“ If, as contended by the defendants, a court of equity may deny relief because of laches in suing, although the plaintiff commenced his action within the period limited by the statute for actions at law, still the granting or refusing relief upon that ground must depend upon the special circumstances of each case. Harwood v. Railroad Co., 17 Wall. 78; Brown v. County of Buena Vista, 95 U.S. 160; Hay ward v. Bank, 96 U.S. 617. The case made by the complaint in this suit is one of fraud upon the part of the administrator ”