stale claim

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 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 — 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

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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 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 …   Black's law dictionary

  • stale — stale1 [stāl] adj. staler, stalest [ME, prob. via Anglo Norm < OFr estale, quiet, stagnant < Gmc * stall: for IE base see STILL1] 1. having lost freshness; made musty, dry, bad, etc. by having been kept too long; specif., a) flat; vapid;… …   English World dictionary

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