by John Marshall Harlan

“ Laches are rather to be imputed to the defendant, who, although claiming to have been the absolute owner of the lands since 1862, took no action against the plaintiff until the ejectment suit was instituted. Mills v. Lockwood, 42 Ill. 111, 118. 'Laches,' the supreme court of Illinois has well said, 'cannot be imputed to one in the peaceable possession of land for delay in resorting to a court of equity to correct a mistake in the description of the premises in one of the conveyances through which the title must be deduced. ”

“ We think it can. At any rate, after a careful sifting of the proof, and giving due weight to all the facts and circumstances that may properly be considered, we do not see our way clear to disturb the decree. ”

“ The possession is notice to all of the possessor's equitable rights, and he need to assert them only when he may find occasion to do so.' Wilson v. Byers, 77 Ill. 76, 84. See, also, Barbour v. Whitlock, 4 T. B. Mon. 180, 195; May's Heirs v. Fenton, 7 J. J. Marsh, 306, 309.
3. Reference is made to the depositions of several witnesses, including the plaintiff, who testified in his own behalf, in which are detailed statements made by Ruckman, at different times after 1862, in reference to the title to these lands. ”