Waddail v. Vassar
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Mary L. Waddail against Robert Vassar and others to enforce a resulting trust in land. From a decree for respondent complainants appeal.
1Opinion of the CourtMcclellan, J.
(1, 2) This bill, filed by the appellant against the appellees Vassar, among others, seeks to have declared and made effective resulting trusts in several city lots. The demurrers of the Vassars were sustained, on the single ground that complainant’s asserted equities have become barred by laches. It has been well decided that mere delay that has wrought no disadvantage to another, or that has not operated to introduce changes of conditions and circumstances in consequence of which “there can be no longer a safe determination of the controversy,” will not serve to bar a complainant’s right or…
2Cases cited8 opinions
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- Ten Eyck v. . WitbeckNew York Court of Appeals · 1892
- Hauser v. Foley & Co.Supreme Court of Alabama · 1914
- Long v. KingSupreme Court of Alabama · 1897
- Shorter v. SmithSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Craig v. RootSupreme Court of Alabama · 1946
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Ellis v. StickneySupreme Court of Alabama · 1949
- Pittman v. PittmanSupreme Court of Alabama · 1945
14 more not listed; retrieve them via the Exa API.