Maxwell v. Kennedy
49 U.S. 210

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U.S. Supreme Court

Maxwell v. Kennedy, 49 U.S. 8 How. 210 210 (1850)

Maxwell v. Kennedy

49 U.S. (8 How.) 210




A lapse of forty-six years is a bar to relief in equity, although the creditor, during all that time, supposed the debtor to be insolvent and not worth pursuing, where it appears that for a considerable portion of that time he was in a condition to pay, and the creditor might, by reasonable diligence, have discovered it, and recovered the money by a suit at law.

Where, upon the case stated in the bill, the complainant is not entitled to relief by reason of lapse of time and laches on his part, the defendant may demur.

The bill was filed in the court below by Maxwell, the appellant,

Page 49 U. S. 211

against the above-named defendants, as the heirs of William E. Kennedy. Joseph and Martha Kennedy were his children, and Jesse Carter and Daniel E. Hall had married his daughters.

As the sole question which came up to this Court was the correctness of a judgment of the circuit court in sustaining a demurrer to the bill, it is only necessary to state the substance of it.

The bill averred that on 10 November, 1797, Robert Maxwell, the intestate of the complainant, recovered a judgment in South Carolina, against William E. Kennedy, the ancestor of the present defendants. The judgment was for

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