Fordyce v. Vickers
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. Appellant is not guilty of laches. That defense can be grounded only upon abandonment or long neglect of the land by a plaintiff concurring with acts by a defendant, induced by that abandonment, sufficient to raise an estoppel against the plaintiff. In legal significance, laohes is not delay merely, but delay that works a disadvantage to another.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. Appellant is not guilty of laches. That defense can be grounded only upon abandonment or long neglect of the land by a plaintiff concurring with acts by a defendant, induced by that abandonment, sufficient to raise an estoppel against the plaintiff. In legal significance, laohes is not delay merely, but delay that works a disadvantage to another. Mere delay for a period less than the statutory period of limitations is not laches. 94 Ark. 221; 92 Ark. 497; 81 Ark. 432; Id. 352; 76 Ark. 525, 528; 72 Ark. 101; 93 Ark. 298.…
1Opinion of the CourtFrauEnthae, J.
This was an action instituted by S. W. Fordyce, the plaintiff below, to quiet his title to two tracts of land situated in Arkansas County, and to cancel tax deeds held by the defendant, A. C. Vickers, therefor. The defendant being in possession of one of said tracts, an ejectment suit was instituted therefor in the circuit court on July 8, 1908; and, the other tract being wild and in the possession of no one, a suit was instituted in the chancery court on the same day to quiet plaintiff’s title thereto. The ejectment suit was by consent of the parties transferred to the chancery court, and…
2Cases cited13 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907
- Ross v. RoyalSupreme Court of Arkansas · 1905
- Penrose v. DohertySupreme Court of Arkansas · 1902
- Allen v. Ozark Land Co.Supreme Court of Arkansas · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Carmical v. Arkansas Lumber Co.Supreme Court of Arkansas · 1912
- Fulwider v. WoodsSupreme Court of Arkansas · 1971
- Blaine County Bank v. NobleSupreme Court of Oklahoma · 1916
- Slaughter v. Cornie Stave CompanySupreme Court of Arkansas · 1927
- Charles v. PierceSupreme Court of Arkansas · 1964
6 more not listed; retrieve them via the Exa API.