laches doctrine in Iowa

1961Atkin v. Westfall, supra, loc. cit. 246 Iowa 828, 829 , 69 N.W.2d 527 ; Jennings v. Schmitz, 237 Iowa 580, 589 , 20 N.W.2d 897, 903 ; and citations; Gord v. Iowana Farms Milk Co., 245 Iowa 1, 19 , 60 N.W.2d 820 , *40 830, 831; 30 C.J.S., Equity, section 115, page 529.

1961Atkin v. Westfall, supra, loc. cit. 246 Iowa 828, 829 , 69 N.W.2d 527 ; Jennings v. Schmitz, 237 Iowa 580, 589 , 20 N.W.2d 897, 903 ; and citations; Gord v. Iowana Farms Milk Co., 245 Iowa 1, 19 , 60 N.W.2d 820 , *40 830, 831; 30 C.J.S., Equity, section 115, page 529.

1926Doyle v. Burns, 123 Iowa 488 ; Thomas v. Holmes, 142 Iowa 288 ; Wells v. Western Union Tel.

1909Thomas v. Holmes, 142 Iowa, 288 .

2023“Laches is an equitable doctrine premised on unreasonable delay in asserting a right, which causes disadvantage or prejudice to another.” First Fed. Sav. & Loan Ass’n v. Blass, 316 N.W.2d 411 , 16 414 (Iowa 1982).

2015“Laches differs from the statute of limitations in that the former appeals to the discretion of the court and is not predicated upon definitely fixed periods of time.” Myers v. Wendel, 200 N.W. 431 , 434 (Iowa 1924).

1993The court in Moody v. Christiansen, 306 N.W.2d 775 (Iowa 1981) considered similar arguments before rejecting the laches claim.

1978The test is not what the plaintiff knows, ‘but what he might have known, by the use of the means of information within his reach, with the vigilance the law requires of him.” ’ ” In In re Estate of Shivvers, 240 Iowa at 103-104 , 34 N.W.2d at 637 , in addressing the question of the application of the doc *515 trine of laches to a factual situation quite similar to that in the matter before us here, we said: “As almost 25 years have elapsed since the estate was closed, we hold, as did the trial court, that appellants are barred by the doctrine of laches.

1978The test is not what the plaintiff knows, ‘but what he might have known, by the use of the means of information within his reach, with the vigilance the law requires of him.” ’ ” In In re Estate of Shivvers, 240 Iowa at 103-104 , 34 N.W.2d at 637 , in addressing the question of the application of the doc *515 trine of laches to a factual situation quite similar to that in the matter before us here, we said: “As almost 25 years have elapsed since the estate was closed, we hold, as did the trial court, that appellants are barred by the doctrine of laches.

1967In support of its position to the effect Hospital is estopped to recover by virtue of the doctrine of laches, Blue Cross cites *263 and relies in part on Sinclair v. Allender, 238 Iowa 212 , 26 N.W.2d 320 , bnt that case is not in point.

1967In support of its position to the effect Hospital is estopped to recover by virtue of the doctrine of laches, Blue Cross cites *263 and relies in part on Sinclair v. Allender, 238 Iowa 212 , 26 N.W.2d 320 , bnt that case is not in point.

1958Jennings v. Schmitz, 237 Iowa 580, 589 , 20 N.W.2d 897, 903 , and citations; Simpson v. Bostwick, 248 Iowa 238, 248 , 80 N.W.2d 339, 345 , and citations.

1958Jennings v. Schmitz, 237 Iowa 580, 589 , 20 N.W.2d 897, 903 , and citations; Simpson v. Bostwick, 248 Iowa 238, 248 , 80 N.W.2d 339, 345 , and citations.

1940L. 755, section 121; Adams v. Holden, 111 Iowa 54 , 82 N. W. 468 . * * * *447 “Following the rule laid down by these cases, we are impelled to hold that as the plaintiff in the case at bar did not secure his judgment until April, 1933, and as he commenced his action to set aside the conveyance within a month thereafter, it necessarily follows that ‘strictly speaking,’ the'action to set aside the deed is not barred by the statute of limitations. * * * They [appellants] contend that the action to reduce appellee’s claim to judgment should have been commenced within a reasonable time after the ma

1940L. 755, section 121; Adams v. Holden, 111 Iowa 54 , 82 N. W. 468 . * * * *447 “Following the rule laid down by these cases, we are impelled to hold that as the plaintiff in the case at bar did not secure his judgment until April, 1933, and as he commenced his action to set aside the conveyance within a month thereafter, it necessarily follows that ‘strictly speaking,’ the'action to set aside the deed is not barred by the statute of limitations. * * * They [appellants] contend that the action to reduce appellee’s claim to judgment should have been commenced within a reasonable time after the ma

1940Co., 8 Cir., Mo., 14 F. 2d 284 , 288: “Laches is an equitable doctrine, not controlled by or dependent upon statutes of limitation, although courts quite generally consider the time fixed by such statutes in actions at law of like character as having some bearing on the pertinency of the doctrine of laches * * * .

1938My reasons that neither is a sound basis for the decision are the following: In espousing laches the majority cites Wrigley v. Farmers, etc., Bank, 76 Nebr. 862 , 108 N.W. 132 , a typical case.

1933Both of these questions have been settled in the case of Cedar Rapids Water Co. v. Cedar Rapids, 118 Iowa 234 , 91 N. W. 1081, 1088 .

1933Both of these questions have been settled in the case of Cedar Rapids Water Co. v. Cedar Rapids, 118 Iowa 234 , 91 N. W. 1081, 1088 .

1926Doyle v. Burns, 123 Iowa 488 ; Thomas v. Holmes, 142 Iowa 288 ; Wells v. Western Union Tel.

1914Byrnes v. Electric Co., 65 Conn. 336 , ( 31 Atl. 833 , 28 L.

1914Byrnes v. Electric Co., 65 Conn. 336 , ( 31 Atl. 833 , 28 L.