McCONNELL v. ESTATE OF WELLS


259 Pa.Super. 286 (1978)

393 A.2d 830

Leslie J. McCONNELL and Veronica McConnell, his wife, Appellants, v. ESTATE of C. Edmund WELLS, Deceased, and Larue S. Wells, Appellees.

Superior Court of Pennsylvania.

Decided October 20, 1978.


Attorney(s) appearing for the Case

Craig S. Boyd, Boyertown, for appellants.

John C. Bradley, Jr., Reading, for appellees.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.


HESTER, Judge:

This is an appeal from the entry of a non-suit by the Chancellor following the close of appellants' case in chief. This resulted, of course, in the dismissal of appellants' Complaint in Equity.

In granting the non-suit, the Chancellor found that appellants' complaint and the relief sought were barred by the equitable doctrine of laches. The Chancellor concluded: "The doctrine of laches should be pursued diligently when the failure of a plaintiff...

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