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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 400   View pdf image (33K)
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400 HIGH COURT OF CHANCERY.
an open account against said Thomas Mackall, in favor of the
said Anne R. G. Mackall, for the hire of negroes, commencing
January 1st, 1834, and ending January 1st, 1837, amounting
to $519 84. Various depositions were taken in support of
these three last claims, and in order to rescue them from the
plea of limitations pleaded against them by Louis Mackall,
Junior, one of .the heirs-at-law of the deceased. The purport
of these depositions, and the objections to them, are fully
stated by the Chancellor. The other claims in dispute, and
the proof in their support, as well as the proceedings in the
case, will also be found in the opinions.]
THE CHANCELLOR:
This case standing ready for further directions, on the ob-
jections to the claims of the creditors, and on the exceptions
to the Auditor's report, and being submitted on behalf of
Louis Mackall, Jr., under the order of the 20th of June last,
and upon arguments in writing, of his solicitor, the proceed-
ings have been read and considered.
This case presents for consideration, among others, the
exceptions taken by said Mackall, to claims numbered 4, 5,
and 6. The Auditor reports that claims Nos. 4 and 6 are
barred by limitations, and that the last is not proved, though
the first is. No. 5 he reports not barred and fully proved.
The counsel for Mackall controverts the conclusions of the
Auditor in part, insisting that all of these claims are barred,
and that none of them are proved either by the evidence in
the cause at the time the Auditor made his report, or by that
subsequently taken. Full proof of these claims being demanded
by Mackall, and the act of limitations being relied on by him,
it becomes necessary to inquire whether the plea is applicable,
and the proof required furnished.
No. 4 professes to be founded upon the single bill of the
deceased, Thomas Mackall, dated the 22d of March, 1833, pay-
able two years after date, and was filed on the 4th of Novem-
ber, 1847. The debt or thing in action had, therefore, been
above twelve years standing, when the claim was filed, and the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 400   View pdf image (33K)
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