Laches—Defense Need not be Pleaded—Denial of Dependant’s Motion for Judgment.—The defense of laches need not be pleaded, but when it appears from the evidence that the seeker of relief in equity has been guilty of laches, the court will deny such relief sua sponte without any pleading. The denial of defendant’s motion for judgment on the ground of laches amounts to a declaration and finding to the effect that the plaintiff was not guilty of laches.

Id.—Statute op Limitations—Elements Constituting Laches.—Entirely independent of any statutory period of limitations, stale demands will not be aided in equity where the claimant has slept upon his rights for so long a time and under such circumstances as to make it inequitable to enter upon an inquiry as to the validity thereof, or to allow the remedy sought. Where such is the condition, the demand is, in a court of equity, barred by laches. Unless such conditions exist, the demand is not so barred.

Id.—Question op Laches Primarily for Trial Court.—Whether such is the situation is a question in the first instance for the trial court, and if its conclusion thereon can reasonably be held to find sufficient support in the evidence, an appellate court should not interfere therewith.

Id.—Cancellation of Deed—Evidence Insufficient to Establish Laches.—In an action to set aside a deed executed by the plaintiff" ■to her brother-in-law, on the ground that its execution was procured by means of duress and undue influence exercised by him upon her, it is held, upon a review of the evidence, that the trial court was justified in its conclusion that the defendant could not have been prejudiced by the plaintiff’s delay of a year and nine and one-half months in commencing the action, and that the plaintiff was not guilty of laches.

IP.—Ratification of Deed—Taking and Recording Contemporaneous Instrument.—The mere taking and recordation by such plaintiff of an instrument executed by the defendant practically contemporaneously with the deed and as part of the same transaction, whereby the defendant undertook, in conjunction with the plaintiff, to execute a note secured by a mortgage of the granted premises, if the same became necessary to raise money for the plaintiff’s support, did not amount to a subsequent ratification of the deed.