Wood v. Calland

Mr. Presiding Justice Sears

delivered the opinion of the court.

We are of opinion that the findings of the decree are supported by the evidence, in so far as they find that the assumption clause was inserted in the deed without knowledge of appellee, and that when the deed was sent by appellee’s son to the recorder, appellee was not aware that the clause had been interlined.

The only question presented is whether, notwithstanding the facts established by this evidence, the appellee is barred from any relief by his own laches. The decree contains no finding as to when appellee first learned of…