Ware v. Galveston City Co.
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146 U.S. 102 (1892)
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U.S. Supreme Court
Ware v. Galveston City Co., 146 U.S. 102 (1892)
Ware v. Galveston City Company
Submitted November 1, 1892
Decided November 14, 1892
146 U.S. 102
The doctrine of laches applied to a suit in equity, the bill having been filed in 1881, more than 35 years after the cause of action accrued, and information having been obtained by the agent of the plaintiffs, in 1843, which imposed the duty of further inquiry, and like information having been obtained in 1854, and in 1858, and in 1863.
There was no distinct averment in the bill as to the time when the alleged fraud was discovered, and what the discovery was, nor did the bill or the proof show that the delay was consistent with the requisite diligence.
As to the statute of limitation, as affecting the question of laches, all the plaintiffs were capable of suing from 1854.
The case is stated in the opinion.