Aken v. Bullard
Supreme Court of Georgia
Equitable petition. Before Judge Lewis. Jasper superior court. In 1873 the will of James Aken was duly admitted to record. He devised a certain tract of land to his grandchildren, Ransom H. Aken and Ellen Geiger, to be equally divided between them. The devise to R. II. Aken was in fee simple, and that to Ellen Geiger was in fee, defeasible upon her death without issue, with limitations over in that event to the other devisees in the will.
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Equitable petition. Before Judge Lewis. Jasper superior court. In 1873 the will of James Aken was duly admitted to record. He devised a certain tract of land to his grandchildren, Ransom H. Aken and Ellen Geiger, to be equally divided between them. The devise to R. II. Aken was in fee simple, and that to Ellen Geiger was in fee, defeasible upon her death without issue, with limitations over in that event to the other devisees in the will. Prior to his death James Aken had indicated how lie wished the land divided between H. H. Aken and Ellen Geiger, and had put H. H. Aken in possession of…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The doctrine of laches is founded upon the maxim “vigilantibus non dormientibus subveniunt leges.” It rests on reasons of public policy, and its aim is intended for the repose -of society by discouraging the assertion of antiquated claims. “‘The principle upon which courts of equity proceed in such cases,” says Judge Nisbet, “is that the lateness of the demand, arising from lapse of time, is pre*667sumptivo evidence against its justice.” Akiss v. Hill, 7 Ga. 573. Equity will relieve against mutual mistake, but only at the instance of a complainant who moves…
2Cases cited4 opinions
- McWhorter v. CheneySupreme Court of Georgia · 1904
- Akins v. HillSupreme Court of Georgia · 1849
- Gould v. GlassSupreme Court of Georgia · 1904
- Basch v. FrankensteinSupreme Court of Georgia · 1910
3Cited by10 opinions
- Yablon v. Metropolitan Life InsuranceSupreme Court of Georgia · 1946
- Johnson v. SearsSupreme Court of Georgia · 1945
- Martin v. TurnerSupreme Court of Georgia · 1918
- Rigdon v. BarfieldSupreme Court of Georgia · 1942
- Kelly v. HamiltonSupreme Court of Georgia · 1910
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