Bane v. Cox

The opinion of the court was delivered by

Smith, J.:

This suit was commenced in the district court of Cowley county to compel the specific performance, by four of the defendants, of a written contract to convey certain lands to the plaintiff, and to bar four other defendants from any interest therein, and to quiet the title to the land.

The plaintiff was guilty of laches in preparing for trial prior to the time the suit was set for hearing, in March, 1905, but -this seems in some measure to have been excused, though probably not wholly justified, by the fact that the suit was commenced in…