Cantieny v. Boze

Plaintiff should not be barred by the delay. Generally, the statute of limitations governs equitable as well as legal actions. Where, as here, the delay is less than the statutory period, equity will enforce a claim unless the result would prejudice innocent parties. McRae v. Feigh, 143 Minn. 241, 173 N. W. 655. The time within which to bring a suit in equity is limited by due diligence in asserting a right only where there is no statute of limitations. Sweet v. Lowry, 123 Minn. 13, 142 N. W. 882, 47 L.R.A.(N.S.) 451.

Plaintiff’s conduct was not culpable. It in no manner contributed to or…