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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 405   View pdf image (33K)
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YOUNG VS. MACKALL. 405
found something in the record to rescue them from the opera-
tion of the plea.
It appears that on the 26th of August, 1839, Joseph W.
Reynolds, as executor of Anne Mackall, filed his bill in this
Court against the said Thomas Mackall, charging, among other
things, that these two sealed notes had, upon the death of the
said Anne, come into the possession of the said Thomas, which
be had retained and converted to his own use, and praying for
a discovery, and an account, and for general relief. Thomas
Mackall answered this bill on the 26th of February, 1840, in
which he admits his being in possession of the notes referred
to, explains the manner in which he acquired the possession,
and exhibiting copies of the notes, offers to deliver them up to
the complainant, Reynolds, upon his settling with him for his
distributive share, as a legatee under the will of the said Anne
Mackall, who was his sister. No further proceedings appear
to have been had in that case, which abated by the death of
the complainant, Reynolds, in 1842; and the question now is,
whether the answer of Thomas Mackall to this bill precludes
Louis Mackall, Junior, claiming, as one of the heirs-at-law of
said Thomas, from relying upon the plea of limitations in the
case now under consideration ?
The question is not whether, if the suit instituted by Rey-
nolds had been revived and carried on, Mackall's representa-
tives would have been permitted to put in the plea of limitations
after he had in his answer, upon the terms therein mentioned,
offered to surrender the two notes, and come to an adjustment,
but whether in this case, which is a proceeding to sell the real
estate of Thomas Mackall, for the purpose of making partition
among his heirs-at-law, one of those heirs may not defend his
proportion of the proceeds of the estate against this claim, by
interposing the plea ?
The bill filed by Reynolds, and the bill in this case, are en-
tirely distinct proceedings, having no sort of relation to, or
connection the one with the other. And the bill, and the answer
in the former case, can only be used as evidence in this. It
cannot be used as an estoppel here, however it might operate
Vol. III—27

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 405   View pdf image (33K)
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