Howard v. Boyce
Court of Appeals of North Carolina
Appeal by petitioners from Copeland, Judge. Order entered 14 November 1974 in Superior Court, Chowan County. Heard in the Court of Appeals 28 May 1975. In 1944 an action was brought against Lonnie Boyce in the Superior Court of Chowan County by plaintiffs who were named in the complaint as the heirs of Hannibal Badham. It was alleged that plaintiffs were the owners of real property consisting of 319 acres and that defendant claimed an interest in the land.
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Appeal by petitioners from Copeland, Judge. Order entered 14 November 1974 in Superior Court, Chowan County. Heard in the Court of Appeals 28 May 1975. In 1944 an action was brought against Lonnie Boyce in the Superior Court of Chowan County by plaintiffs who were named in the complaint as the heirs of Hannibal Badham. It was alleged that plaintiffs were the owners of real property consisting of 319 acres and that defendant claimed an interest in the land. They sought to have the cloud removed from their title. On 13 July 1945 a consent judgment was entered dismissing the action as upon…
1Opinion of the Court
MARTIN, Judge.
[1]' Petitioner appellants contend that the court erred in holding that they had lost their right to set aside the 1945 judgment because of laches. Laches has been defined as “the negligent omission for an unreasonable time to assert a right enforceable in equity.” Builders Supplies Co. v. Gainey, 282 N.C. 261, 192 S.E. 2d 449 (1972). The trial court based its findings of laches on the theory that respondents had been prejudiced because since 1959, when the action was filed to remove the cloud from title, several of respondents’ potential witnesses had died.
In Howard v. Boyce,…
2Cases cited6 opinions
- Builders Supplies Co. of Goldsboro, NC, Inc. v. GaineySupreme Court of North Carolina · 1972
- Howard v. BoyceSupreme Court of North Carolina · 1961
- Hughes v. OliverSupreme Court of North Carolina · 1948
- In Re the Estate of MilesSupreme Court of North Carolina · 1964
- East Side Builders, Inc. v. BrownSupreme Court of North Carolina · 1951
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Howard v. BoyceCourt of Appeals of North Carolina · 1977