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POST v. MACKALL.—3 BLAND. 513
19 Ves. 199;
Serle v. Barrington, 2 Ed. Raym. 1370;
The Mayor of
Hull v. Homer, Cowp. 108.
*Here there is no proof of the hand writing of these en-
dorsements, or that they were really made at the time they
523
bear date; nor of any other circumstance which can take this
claim No. 22, out of the statute; it must therefore be considered
as barred.
The claims No. 6, 18 and 19, are founded on simple contracts,
upon which absolute judgments have been obtained against the
administrator; the claims No. 9. 10, 12, 13, 15, 21, 23, 24 and 26,
are founded on simple contracts on which judgments have been
rendered against the administrator for a proportion of the per-
sonal assets: and the claims No. 29 and 34, are founded on simple
contracts, in satisfaction of which the administrator has bonnd
himself by single bills to pay a proportion of assets. All these
claims, considered as the simple contract debts of the intestate
are clearly barred by the Statute of Limitations as against the
realty; but they are not so barred as against the personal estate
by reason of those judgments and acknowledgments.
In the voucher exhibited of claim No. 8, it is said to have been
secured by a deed of trust for a piece of ground in Georgetown;
but no such deed has been shewn to the Court; and, therefore,
upon the proof as it stands, this claim can only be regarded as a
simple contract debt; and, as such, is clearly barred by the Statute
of Limitations relied on against it. The claims No. 16, 17, 32 and
33, have no other foundation than that of simple contracts; and
are evidently barred by the Statute of Limitations relied on against
them.
The claim No. 7, is for costs on an absolute judgment which
was recovered against the administrator; and therefore, as it is a
claim which, of itself, never existed against the estate of the de-
ceased, it cannot now be made a charge upon his estate, and must
be wholly rejected. The claims No. 30 and 31, it is also clear;
because of the circumstances and for the reasons stated by the
auditor, in his report, cannot be sustained against either the per-
sonal or real estate of the deceased. They must therefore be alto-
gether rejected.
It is agreed, that Christiana, the widow of Benjamin Mackall,
deceased, be allowed for her dower, in the Prince George's lands,
the sum of one thousand dollars, to be paid to her by Louis
Mackall, out of the bond given by him as a purchaser of a part of
the land. Hence, it is unnecessary to speak of the principles of
equity by which her right of dower might have been protected, and
the arrangements of the funds which might have been made for
that purpose.
*It has been urged, that the reliance upon the Statute of
Limitations by the Bank of the United States, comes too
524
33 3 B.
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