Sobota v. Shaffer

The motion is based on two grounds, the first being, in effect, that the complainants are in laches because they waited nearly two years after executing their bond and discovering the defendants' alleged fraud before seeking the relief they now pray. Laches involves something more than mere delay. There must be delay for a length of time which unexplained and unexcused is unreasonable under the circumstances and which has been prejudicial to the defendants (Massie v. Asbestos Brake Co.,95 N.J. Eq. 298, 311), and the complainants should be given the opportunity to prove the facts on final…