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Reports of Cases Adjudged in the Court of Appeals of the District of Columbia From ..

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Reports of Cases Adjudged in the Court of Appeals of the District of Columbia From ..
District of Columbia. Court of Appeals
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Judgment of priority of invention is awarded to the appellee, William B. Murphy.
The clerk of the court will certify this opinion and the proceedings of the court in the cause to the Commissioner of Patents.
McGEE V. WELCH.
Equity; Laches; Fraud.
1. The defense of laches will not be sustained upon a demurrer when the bill clearly charges fraud, and it appears that the complainants have instituted their proceeding within a reasonable time after their dis- covery of the fraud.
2. An amended bill
...of complaint filed June 23, 1900, to vacate a deed of certain real estate dated July 15, 1843, charged the fraudulent pro- curement of the deed by the person under whom the defendants claimed, from an imbecile, who was under his control ; a fraudulent 12 Digitized by VjOOQ IC 178 McGEE f. WELCH Statement of the Case.
[ISApp.
combination between a niece of such person, one of the defendants, and another person to divide the property of the imbecile, after the latter's death, May 23, 1891, in fraud of her heirs-at-law, the com- plainants; and fraudulent abstraction and concealment by the de- fendants of papers from the files of the court in an equity cause involving the same real estate.


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