56 Minn. 386 | Minn. | 1894
There is so little merit in the plaintiff’s claim herein that we shall not enter into a very extensive discussion of the
It is not necessary for us to determine whether the instrument executed by Foster to Taylor was a mortgage or conditional sale of the premises. William Taylor, the husband of plaintiff, and from whom she derives title, has been guilty of great laches during one-third of a century, in remaining silent, and permitting others to acquire deeds to this property, from time to time, and, from the admitted facts, paying valuable consideration therefor; and the plaintiff is in no better condition and has no better rights than her husband had. His claim to the premises had become stale, and it does not seem to have become purified by its transfer to the plaintiff, nor by the manner in which the case comes before us now, and the court below very properly denied the plaintiff’s claim to relief.
The land is situate in Winona county, where the suit ought to have been brought, but it was commenced and tried in Hennepin county, without objection, and the husband, after sleeping upon his rights for thirty three years, transfers the property to his wife, and then both enter into a peculiarly worded contract, and agree to perform its conditions within fifteen days. No attempt seems to have been made to bring in any of the other purchasers of the premises, and especially the last one, Rising, who has a deed thereof on record, dated in 1886. No attempt is made upon either side to adjust the equitable adverse rights of other claimants to the property, Neither is there any explanation of this long delay on the part of the Taylors to wake up, and prevent other purchasers from paying valuable considerations for the premises during a long period of years. The plaintiff and her husband have been guilty of such laches in regard to the premises for such a length of time that we
It is true the defendant does not claim under any of the grantees of Edwin Foster, but the parties hereto agree upon such a state of facts as to impute laches to plaintiff and her husband, under whom she claims title. - These admitted facts would render the title to the premises doubtful and unmarketable, and make the contract sued upon nonenforceable. The doctrine of laches, and the refusal of courts to enforce stale demands, does not always depend upon the statute of limitations, but, in a great measure, upon the peculiar circumstances attending each case, and upon the nature of the claim, and whether the delay has been unreasonable.
In a case in the United States Supreme Court, Fuller J., says: “The doctrine of laches is based upon grounds of public policy, which require, for the peace of society, the discouragement of stale demands.” Mackall v. Casilear, 137 U. S. 556 (11 Sup. Ct. 178.)
We concur in the decision of the court below, and the judgment appealed from is affirmed.
(Opinion published 57 N. W. Rep. 937.)