Shepherd v. Kendrick

LIVINGSTON, Justice.

This cause came before this Court on a former appeal from a judgment sustaining demurrers to the bill of complaint, and was by this Court reversed and remanded. Shepherd v. Kendrick et al., 236 Ala. 289, 181 So. 782, 785. It was there held:

“Upon the question of laches some difficulty arises. Each case must rest upon its own peculiar facts and circumstances. We have often said that mere delay in the assertion of a right, without more, does not in itself constitute laches, though long delay is strong evidence of acquiescence. Following the analogies of the law as to the…