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SCOTT v. EMPIRE LAND CO.

No. 5049.

24 F.2d 417 (1928)

SCOTT v. EMPIRE LAND CO.

Circuit Court of Appeals, Fifth Circuit.

February 25, 1928.

Attorney(s) appearing for the Case

Geo. P. Garrett, of Orlando, Fla., and W. M. Toomer, of Jacksonville, Fla., for appellant.

John J. Swearingen, of Bartow, Fla. (Wilson & Swearingen, of Bartow, Fla., and James F. Glen, of Tampa, Fla., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

PER CURIAM.

On October 21, 1924, appellant filed a bill to cancel, on the ground of fraud, his deed to appellee, dated May 13, 1904.

We are of opinion that the asserted cause of action is barred by laches, as it was held to be by the District Judge. Upton v. Tribilcock, 91 U.S. 45, 55, 23 L Ed. 203. It is also barred by statute. Section 2939 (5), Revised General Statutes of Florida, bars an action for relief on the ground of...

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