Parks v. Parks

Plaintiffs filed complaint for ejectment, arguing that they are entitled to possession of a farm under the will of testator (Laura). Plaintiffs did not diligently assert their putative claim against Defendants. Plaintiffs knew or should have known about their interest in the farm decades before this action was filed. Executor of Laura's estate undertook no inquiry and did not include the farm or anything related to it in the inventory listing or the final report, and Laura did not list the farm as an estate asset in her will. In letters written 29 years prior to her death, Laura stated her intent to sell the farm.Plaintifrfs should have known to inquire during Laura's probate proceeding about status of any interest they might still have in the farm. Delay of 52 years without any inquiry or action was unreasonable and prejudiced Defendant.Plaintiffs' claim was filed after the limitations period, and thus may also be barred by laches. Ejectment argument fails on statutory grounds because Plaintiffs never had possession of the farm. (SCHMIDT and O'BRIEN, concurring.)