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HOWARD v. BOYCE

No. 751SC121.

217 S.E.2d 702 (1975)

26 N.C. App. 686

Frances Badham HOWARD et al., Petitioners, v. Lonnie BOYCE (now Deceased), Original Defendant, and Celia U. Boyce, Individually, et al., Respondents.

Court of Appeals of North Carolina.

August 6, 1975.

Attorney(s) appearing for the Case

Richard Powell, Greenville, and Samuel S. Mitchell, Raleigh, for petitioners-appellants.

Pritchett, Cooke & Burch by J. A. Pritchett, W. W. Pritchett, Jr., and W. L. Cooke, Windsor, for respondents-appellees.

MARTIN, Judge.

Petitioner appellants contend that the court erred in holding that they had lost their right to set aside the 1945 judgment because of laches. Laches has been defined as "the negligent omission for an unreasonable time to assert a right enforceable in equity." Builders Supplies Co. v. Gainey, 282 N.C. 261, 192 S.E.2d 449 (1972). The trial court based its findings of laches on...

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