1. He who, without adequate excuse, delays asserting his rights until the proofs respecting the transaction out of which he claims his rights arose are so indeterminate and obscure that it is impossible for the court to see whether what is asserted to be justice to him is not injustice to his adversary, has no right to relief.
2. Where a stepfather, who claimed that the farm in question was purchased by him and title taken in the name of the stepdaughter, brought his bill for relief some nine years after the alleged claim matured, and material witnesses have died, and the court is unable to determine with reasonable certainty, from the testimony before it, what the truth might have been, held, that the bill brought by the stepfather was properly dismissed.
PER CURIAM.
The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Leaming.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, MINTURN, KALISCH, BLACK, KATZENBACH, CAMPBELL, LLOYD, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 14.
For reversal — None.