Patterson v. Hewitt
New Mexico Supreme Court
Appeal from tbe District Court of Lincoln County, before H. B. Hamilton, A. J. STATEMENT OE PACTS. This case was begun on tbe twenty-nintb of April, 1893, in tbe district court for Lincoln county, by tbe filing of a bill of complaint on bebalf of C. Ewing Patterson, a resident of New Jersey, and Henry J. Patterson, a resident of New Mexico, against John Y. Hewitt, William Watson, Matbew Hoyle and Harvey B. Fergusson, residents of New Mexico and Old Abe Company, a New Mexico…
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Appeal from tbe District Court of Lincoln County, before H. B. Hamilton, A. J. STATEMENT OE PACTS. This case was begun on tbe twenty-nintb of April, 1893, in tbe district court for Lincoln county, by tbe filing of a bill of complaint on bebalf of C. Ewing Patterson, a resident of New Jersey, and Henry J. Patterson, a resident of New Mexico, against John Y. Hewitt, William Watson, Matbew Hoyle and Harvey B. Fergusson, residents of New Mexico and Old Abe Company, a New Mexico corporation. Tbe appellants sue to enforce a trust wbicb is alleged to have existed between tbe appellants and Hewitt,…
1Opinion of the Court
OPINION OP THE COURT.
McFIE, J.
1 The court below dismissed the bill no doubt upon tbe ground that the appellants were without a remedy in a court of equity under the well-known and frequently applied doctrine of laches, and want of equity in appellants’ bill. This is apparent, not only from the decree of the court, but from the arguments of counsel in their briefs. Counsel for the appellants insist, first, that the doctrine of laches as applied by courts of equity, is not applicable to this case, and, second, that if the doctrine of laches is available as a defense in this action at all, the…
2Cases cited49 opinions
- Hilton v. GuyotSupreme Court of the United States · 1895
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Grimes v. SandersSupreme Court of the United States · 1876
- Galliher v. CadwellSupreme Court of the United States · 1892
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
44 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. HaliskiSupreme Court of New Jersey · 1995
- State v. EdmondsonNew Mexico Court of Appeals · 1991
- Morris v. RossNew Mexico Supreme Court · 1954
- Farrar v. HoodNew Mexico Supreme Court · 1952
- Roberson v. Board of Education of City of Santa FeNew Mexico Supreme Court · 1967
13 more not listed; retrieve them via the Exa API.