Waller v. Capper

On the present ruling on the plea of laches I cannot concur. This court has hitherto recognized that the rights of third parties should not be ignored in disposing of a question of laches. In National Bank v. Walters, 129 Kan. 49, 51, 52, 281 Pac. 868, in considering a plea of laches this court said:

“This court has often held that laches is not a mere matter of time, like limitation, but is a matter of equity, which takes cognizance of all the circumstances, including presence or absence of prejudicial consequences of delay. The following are illustrative cases, and there are many others:…