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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 399   View pdf image (33K)
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YOUNG V8. MACKALL. 399
ceed in either Court, the statute is equally a bar in both; and in all such
cases, equity adopts, by analogy, the time prescribed by law.
As soon as the cause of action accrues, whether it be the case of a trust or
not, if it be a fit subject for a suit at law as well as in equity, the statute
of limitations begins to run.
The statute may be pleaded, as a defence, at any time after the claim has
been filed; or brought before the Court, either before the case has gone
to the Auditor, or after he has made a report on it.
[The real estate of Thomas Mackall, deceased, was sold
under the proceedings in this case for the purpose of partition
among his heirs-at-law, and claims were filed by various parties
against the proceeds. These claims are disposed of in the
following opinions of the Chancellor. Claim No. 1 is founded
upon a judgment recovered against the said Thomas Mackall,
by Joseph W. Reynolds, and is presented by the executors of
the latter. The objections to this claim are fully stated in
the first opinion of the Chancllor. No. 2 is a single bill for
$629 69, executed by the deceased to his sister, Anne R. G.
Mackall, on the 22d of March, 1833, and payable two years
after date, with interest from date. No. 5 is founded upon
the copy of a single bill, the original of which was alleged to
be lost; executed by said Thomas Mackall, in favor of his
said sister, Anne R. G. Mackall, for $705 65, dated the 15th
of July, 1837, payable in three years from date. In support
of this claim was offered a certificate by Thomas Mitchell, for
William Hance, clerk, certifying, that on the 15th of July,
1837, Thomas Mackall deposited in the Clerk's Office of Cal-
vert County a note of that date, drawn by him in favor of
Anne R. G. Mackall, for the Bum of $705 65, payable three
years after date, with interest from the 9th of April, 1833,
and the deposition of Augustus R. Sellers, Clerk of Calvert
County Court, taken before a justice of the peace, stating that he
had, at the request of the attorney of Miss Anne B. G. Mackall,
made frequent and repeated searches among the papers in his
office, for the purpose of finding the note of Thomas Mackall,
referred to in the certificate of William Hance, former Clerk
of said Court, and that he has been unable to find the said
note, and he believes the same to be lost or mislaid. No, 6 is

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 399   View pdf image (33K)
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