2021 Georgia Code
Title 23 - Equity
Chapter 1 - General Provisions
§ 23-1-25. Laches
Equity gives no relief to one whose long delay renders the ascertainment of the truth difficult, even when no legal limitation bars the right.
(Orig. Code 1863, § 3027; Code 1868, § 3039; Code 1873, § 3094; Code 1882, § 3094; Civil Code 1895, § 3939; Civil Code 1910, § 4536; Code 1933, § 37-119.)
Cross references.- Authority of courts of equity to interpose equitable bar owing to lapse of time and laches of complainant, § 9-3-3.
Tolling of limitations due to fraud of defendant or those under whom one claims, § 9-3-96.
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Equitable Demands Must Be Asserted Within Reasonable Time
- Laches Based on Inequity
- Pleading and Practice
RESEARCH REFERENCES
Am. Jur. 2d.
- 27 Am. Jur. 2d, Equity, §§ 93, 152 et seq., 159 et seq.
C.J.S.- 30 C.J.S., Equity, § 100. 31 C.J.S., Equity, § 113 et seq.
ALR.
- Laches as affecting right of corporation or its stockholders to relief against directors for violations of trust, 10 A.L.R. 370.
Laches as preventing recovery of property diverted from one religious sect or denomination to another, 18 A.L.R. 692.
Check in payment of interest or installment of principal as tolling statute of limitations, 28 A.L.R. 84; 125 A.L.R. 271.
Institution of suit as relieving one of charge of laches precluding relief in equity, 43 A.L.R. 921.
Effect of recovery of judgment on unfiled or abandoned claim after expiration of time allowed for filing claim against estate, 60 A.L.R. 736.
What amounts to laches or delay on part of wife or widow in attacking antenuptial settlement which will prevent relief, 74 A.L.R. 559.
Right to equitable relief from usury as affected by laches, 111 A.L.R. 126.
Applicability of statute of limitations or doctrine of laches as between husband and wife, 121 A.L.R. 1382.
Statute of limitations or presumption of payment from lapse of time as ground for affirmative relief from debt or lien, 164 A.L.R. 1387.
Workers' compensation: time and jurisdiction for review, reopening, modification, or reinstatement of award or agreement, 165 A.L.R. 9.
Pleading laches, 173 A.L.R. 326.
Delay of stockholders in exercising their right to convert their stock into other class of stock or corporate obligation, 10 A.L.R.2d 587.
Applicability of statute of limitations or laches to quo warranto proceedings, 26 A.L.R.2d 828.
Laches as precluding cancellation of or other relief against release for personal injuries, 34 A.L.R.2d 1314.
What constitutes sufficient repudiation of express trust by trustee to cause statute of limitations to run, 54 A.L.R.2d 13.
Delay in asserting contractual right to arbitration as precluding enforcement thereof, 25 A.L.R.3d 1171.
Estoppel or laches precluding lawful spouse from asserting rights in decedent's estate as against putative spouse, 81 A.L.R.3d 110.
Applicability of statute of limitations or doctrine of laches to proceeding to revoke or suspend license to practice medicine, 51 A.L.R.4th 1147.
Laches or delay in bringing suit as affecting right to enforce restrictive building covenant, 25 A.L.R.5th 233.
