St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-07-26
UPHELD TRIAL JUDGES.
The q. S. Circuit Court Files Fou
important Decisions.

The q. S. Circuit Court Files Four
important Decisions.
ia The United States circuit court of ap-
peals handed down four important de-
|, cisions yesterday. in all of which the
lower courts were sustained. The cases,
with a synopsis of the opinions of the
court, are as follows:
Louis r. Lamoine, appellant, VS..
.Dnnklln county. Missouri, appellee.
9Appeaf from the circuit court of the
painted States for the eastern district of
sMissouri. Opinion by Judge Henry e.
2 Caldwell. affirming the decision be-
DioW. This was suit to compel Dunk
/ I'M county to convey to Louis r.
PIe moline, 1900 acres OF land, alleged
ITO be held in trust for him. The lands
|sHere part of a swamp land grant by act
Ftof congress in 1850 to the state of Mis-
fsouri. and granted by the state to the
|icennty in 1851. The receiver and re- is-
fter of the swamp lands of the county
Fiseid part of them in 1857 to several
PpartieS at 81 per acre, who transferred
them to-Lemolne. The act of the legis-
lature OF Feb. 81, 1851, vested in the
county court the exclusive power to
make deeds of conveyances for the
swamp lands. The Legislature also
authorized the county to receive stock
of the Dunklin & Penobscott Plank
Road company at the rate of 81 per
acre Tor the swamp lands OF the county
lying within SIX miles of the proposed
plank road. The road was surveyed and
part of the lands granted to this COM
pany i'll the name'of Clark and Richard
son, who transferred their interests TO
the plaintiff. The plank road was never
built. The county claims that the pur-
ph1Sn Af thnSR lands Inv I
procured by fraud and never paid for,
and the company never intended 10
build the plank road. A demurrer to
the bill in the court below was over
ruled; but upon final hearing the lower
court dismissed the bill for want of
equity. In his opinion Judge Caldwell
declares that the court below decided
wisely in dismissing the bill because of
laches-the appellant was barred by
laches many years before this suit was
instituted.
No doctrine is SO wholesome, when wisely
administered as that Of laches. 1t prevents
the resurrection of state titles and forbids
the spying Que from the records of ancient
ana abandoned rights. 1t requires every
owner to care for his property and every
claimant to make known his Claims 1t
gives the actual levy. possesses security and
induces and justities him in all efforts to
make valuable the property he holds 1t is
doctrine received with favor because its
proper application works out justice and
equity. and often bars the holder of mere
technical right, which he has abandoned for
years, from enforcing it when its enforce
ment will work large injury to many. The
lapse OF time which viii induce the court to
apply the doctrines may. be longer or shorter,
depending on the circumstances of the par
1cular case. Among the. circumstances
which induce its application In a brief period
are the changed condition of property par
ticularly as to value and the number of inno-
cent parties to be injuriously effected. These
conditions exist in this ease.s