stale demand

stale demand
stale demand or claim
A demand or claim that has long remained unasserted; one that is first asserted after an unexplained delay which is so long as to render it difficult or impossible for the court to ascertain the truth of the matters in controversy and do justice between the parties, or as to create a presumption against the existence or validity of the claim, or a presumption that the claim has been abandoned or satisfied. Luschen v. Stanton, 192 Okl. 454, 137 P.2d 567, 572.
It implies a greater lapse of time than is necessary to "laches." Bell v. Mackey, 191 S.C. 105, 3 S.E.2d 816, 824, 830.
The doctrine is purely an equitable one, and arises only when, from lapse of time and laches of plaintiff, it would be inequitable to allow a party to enforce his legal rights. Wood v. City Board of Plumbing Examiners, 192 Ga. 415,15 S.E.2d 486, 488.
See also limitation (statute of limitations)

Black's law dictionary. . 1990.

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  • Stale demand — Stale Stale, a. [Akin to stale urine, and to stall, n.; probably from Low German or Scandinavian. Cf. {Stale}, v. i.] 1. Vapid or tasteless from age; having lost its life, spirit, and flavor, from being long kept; as, stale beer. [1913 Webster] 2 …   The Collaborative International Dictionary of English

  • stale demand or claim — A demand or claim that has long remained unasserted; one that is first asserted after an unexplained delay which is so long as to render it difficult or impossible for the court to ascertain the truth of the matters in controversy and do justice… …   Black's law dictionary

  • Stale — Stale, a. [Akin to stale urine, and to stall, n.; probably from Low German or Scandinavian. Cf. {Stale}, v. i.] 1. Vapid or tasteless from age; having lost its life, spirit, and flavor, from being long kept; as, stale beer. [1913 Webster] 2. Not… …   The Collaborative International Dictionary of English

  • Stale affidavit — Stale Stale, a. [Akin to stale urine, and to stall, n.; probably from Low German or Scandinavian. Cf. {Stale}, v. i.] 1. Vapid or tasteless from age; having lost its life, spirit, and flavor, from being long kept; as, stale beer. [1913 Webster] 2 …   The Collaborative International Dictionary of English

  • stale claim — stale demand or claim A demand or claim that has long remained unasserted; one that is first asserted after an unexplained delay which is so long as to render it difficult or impossible for the court to ascertain the truth of the matters in… …   Black's law dictionary

  • stale´ness — stale1 «stayl», adjective, stal|er, stal|est, verb, staled, stal|ing. –adj. 1. that has lost some or all of its softness, flavor, or consistency through age; not fresh: » …   Useful english dictionary

  • stale´ly — stale1 «stayl», adjective, stal|er, stal|est, verb, staled, stal|ing. –adj. 1. that has lost some or all of its softness, flavor, or consistency through age; not fresh: » …   Useful english dictionary

  • stale — I. adjective (staler; stalest) Etymology: Middle English, settled, clear (of ale), not fresh, from Anglo French estale, probably from Middle Dutch stel old (of beer) Date: 15th century 1. tasteless or unpalatable from age < stale bread > 2.… …   New Collegiate Dictionary

  • Ad hoc On-Demand Distance Vector Routing — Ad hoc On Demand Distance Vector (AODV) Routing is a routing protocol for mobile ad hoc networks (MANETs) and other wireless ad hoc networks. It is jointly developed in Nokia Research Center of University of California, Santa Barbara and… …   Wikipedia

  • laches — A doctrine, otherwise known as the doctrine of stale demand, by which equitable relief is denied to one who has been guilty of unconscionable delay, as shown by surrounding facts and circumstances, in seeking that relief. Anno: 34 ALR2d 1314 § 1 …   Ballentine's law dictionary

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