Bennett v. Finnegan

Emery, V. C.

Beargument of the demurrer was directed in this ease upon the defences of statute of limitations and of laches. The conclusions on the former argument are reported in 33 Atl. Rep. 401.

As to the statute of limitations, I must hold it not applicable. This is on the authority of Yeomans v. Petty, 40 N. J. Eq. (13 Stew.) 495, decided by Vice-Chancellor Bird in 1885, and of Alpaugh v. Wilson, 52 N. J. Eq. (7 Dick.) 424, decided by the same vice-chancellor in 1894, and affirmed on appeal, for the reasons given by him. 52 N. J. Eq. (7 Dick.) 589. These cases hold distinctly that, so far…