Legal Opinion

Welch v. Welch

Supreme Court of Georgia

Decided July 8, 1959No. 20517PublishedCited by 2 opinions

1Opinion of the Court

Mobley, Justice.

1. The petition is barred by laches of the plaintiff; and the trial court, for that reason, properly sustained the general demurrer and dismissed the petition. . . Courts of equity may interpose an equitable bar, whenever, from the lapse of time and laches of the complainant, it would be inequitable to allow a party to' enforce his legal rights.” Code § 3-712. “Equity gives no relief to one whose long delay renders the ascertainment of the truth difficult, though no legal limitation bars the right.” Code § 37-119. “ ‘Equity will not aid in the enforcement of stale demands . .…

2Cases cited10 opinions

  1. Citizens & Southern National Bank v. EllisSupreme Court of Georgia · 1931
  2. Equitable Building & Loan Ass'n v. BradySupreme Court of Georgia · 1930
  3. Carter v. AndersonSupreme Court of Georgia · 1848
  4. Cooper v. AycockSupreme Court of Georgia · 1945
  5. Whitfield v. WhitfieldSupreme Court of Georgia · 1948

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3Cited by2 opinions

  1. City of Duluth v. Riverbrooke Properties, Inc.Court of Appeals of Georgia · 1998
  2. Total Supply, Inc. v. PridgenCourt of Appeals of Georgia · 2004

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