Legal Opinion

Flemister v. Billups

Supreme Court of Georgia

Decided April 16, 1947No. 15757PublishedCited by 5 opinions

1Opinion of the Court

Wyatt, Justice.

1. We think that the plaintiffs are clearly barred by laches. Our Code provides: “Equity gives no relief to one whose long delay renders the ascertainment of the truth difficult, though no legal limitation bars the right.” § 37-119.

This court, in Citizens & Southern National Bank v. Ellis, 171 Ga. 717 (3) (156 S. E. 603), said: “In determining whether‘there has been laches, various things are to be considered, notably the duration of the delay in asserting the claim, the sufficiency of the excuse, if any, offered in extenuation thereof, whether during the delay the evidence of…

2Cases cited3 opinions

  1. Citizens & Southern National Bank v. EllisSupreme Court of Georgia · 1931
  2. Cooper v. AycockSupreme Court of Georgia · 1945
  3. Johnson v. SearsSupreme Court of Georgia · 1945

3Cited by5 opinions

  1. Chapman v. McClellandSupreme Court of Georgia · 1982
  2. Hodges v. LibbeySupreme Court of Georgia · 1968
  3. Cannon v. Fulton National BankSupreme Court of Georgia · 1950
  4. Welch v. WelchSupreme Court of Georgia · 1959
  5. Hillis v. ClarkSupreme Court of Georgia · 1966

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