First National Bank v. Nelson
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The original bill in this case was filed on March 8th, 1893, by the appellee, Margaret S. Nelson, against William R. Waller, as administrator of the estate of Owen 0. Nelson, deceased, the First National Bank of Montgomery, and the Savannah, Americus & Montgomery Railway, and its receivers.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The original bill in this case was filed on March 8th, 1893, by the appellee, Margaret S. Nelson, against William R. Waller, as administrator of the estate of Owen 0. Nelson, deceased, the First National Bank of Montgomery, and the Savannah, Americus & Montgomery Railway, and its receivers. The allegations of the bill are substantially as follows : In 1847 the complainant intermarried with 0. 0. Nelson, who died in May, 1892, and the defendant Waller was appointed his administrator in October, 1892. In 1882…
1Opinion of the CourtHaralson, J.
— 1. The doctrine of staleness of demand relied on as a defense in this case, cannot, under the facts shown in the bill, be sustained. Laches, as has been well said, does not, like limitation, grow out of the mere passage of time, but it is founded upon the inequity of permitting the claim to be enforced — an inequity, founded upon some change in. the condition or relation of the property or the parties. — Galliher v. Cadwell, 145 U. S. 368. Whenever such manifest inequity does not appear, “a case does not fall within the operation of the rule, if the suit is for the recovery of property,…
2Cases cited4 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- Shorter v. SmithSupreme Court of Alabama · 1876
- Hubbard, Price & Co. v. SayreSupreme Court of Alabama · 1894
3Cited by28 opinions
- de Graffenried v. BreitlingSupreme Court of Alabama · 1915
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Sims v. RigginsSupreme Court of Alabama · 1917
- Harn v. SmithSupreme Court of Oklahoma · 1921
- Hauser v. Foley & Co.Supreme Court of Alabama · 1914
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