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troduced into and blended with a pend-
ing suit, 98.
A solicitor cannot be permitted at any
time to divulge the secrets of his cli-
ent without his consent. — Hannah K.
Chase's case, 222.
A solicitor may refuse to act further for
his client, but he cannot go over to the
opposite party, 222.
SPECIFIC PERFORMANCE.
On a bill to obtain a legal title according
to a bond of conveyance, the defendant
may be ordered to produce an act of
Assembly to confirm the conveyance. —
Rawlings v. Carroll, 75.
Verbal proof in any respect essentially
different from the written contract, or
of the written part of it cannot be re-
ceived. — Ogden v. Off den, 287.
If it be doubtful whether a letter, con-
cerning a contemplated marriage, was
intended as an agreement to pay a por-
tion or not, the court will not decree a
performance, 288.
Where the plaintiff by his bill offers to per-
form his part, and the answer admits or
sets out the agreement which is proved,
there may be a decree against each with-
out a cross bill. — Dorsey v, Campbell,
359; Watkins v. Watkins, 359; Long v.
Gorsuch, 361; Etchison v. Dorsey, 536.
STATUTE OF LIMITATIONS.
After the claim of a creditor has been
contested upon its merits, the heir can-
not be allowed to rely upon the statute
of limitations. — McMechen v. Chase, 85.
In a creditors suit if the statute of limi-
tations be not specially objected to a
claim, it cannot be taken advantage
of. — Strike's case, 91.
In a creditors suit the statute of limitations
may be relied on in bar of a claim brought
in under the decree, by any one of the
original parties or by a co-creditor, 93.
The policy of the statute is, that there
should be an end to litigation — it goes to
shew, either that the claim never existed,
or that it has been satisfied. — Lingan v.
Henderson, 272; Moreton v. Harrison,
501.
The statute applies only by analogy in equi-
ty: if the party would have been barred
at law he shall be barred in equity, 273.
There are various circumstances which
will take a case out of the statute or
prevent its operation, 273.
A promise or acknowledgment takes a
case out of the statute because of its
being a renewment of the contract;
and therefore where there is a plurality,
of defendants, it must come from all or
from a then partner or person compe-
tent to contract for all, 277.
The statute of limitations may be availa-
ble against only a part of the cause of
suit, 278.
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Such a plea cannot be received to enure
only to the benefit of him who pleads
it against a bond, note, or the like, 278.
Where the purchase money has been se-
cured by an equitable lien, a bond, and
a note; twenty years only is a bar to
the lien, twelve years of the bond, and
three years of the note; but if the bond
or note be so barred cm suit, that cannot
affect the Hen in equity, 280, 500.
A partial payment takes the case out of
the statute of limitations, — Moreton v.
Harrison, 493.
On a plea of the statute, if the bill alleges
any fact which would take the case
out of the statute, such fact must be
denied by an answer in support of the
plea. — Lingan v. Henderson, 282; More-
ton v. Harrison, 493.
A plaintiff may take advantage of the
statute for the protection of his inter-
ests. — Watkins v. Dorsett, 532.
There is no saving in the act limiting ap-
peals in favor of persons non compos
mentis, — Colegate D. Owings' case, 408.
TRUSTEE UNDER A DECREE.
A trustee who has obtained judgment
against a purchaser upon his bond may
have the same land sold under a fieri
facias upon such terms as he may deem
best on consulting with the parties con-
cerned. Hoye v. Penn, 41.
A trustee may be required to invest mo-
ney in his hands, and on his failing to
do so or to bring it into court, may be
charged with compound interest. — Lati-
mer v. Hanson, 53.
He is not bound to accept or to continue
in the office; but if he does do so, he
must obey the orders of the court, 56.
This court has the power, independently
of any act of Assembly, to employ a
trustee to execute its orders or decrees
by a sale or otherwise. — Gibson's case,
139; Pue v. Dorsey, 139.,
A trustee is regarded as the legal ministe-
rial officer of the court, 139.
A feme sole may be employed as a trustee;
141; Ex parte Margaret Blade, 142.
In a creditors suit the widow may be ap-
pointed trustee, so that the commis-
sions may be saved to her and her chil-
dren. — Gibson's case, 141.
The register of this court, the clerk of a
court, an infant, & feme covert, a non-
resident, or an officer of the army or
navy cannot be appointed trustee, 143.
A trustee being appointed during plea-
sure may at any time be removed for,
cause, 143; Mackubin v. Brown, 412;
Mullikin v. Mullikin, 639.
In the selection of a trustee recommenda-
tions are heard, and all circumstances
considered. — Gibson's case, 143.
Where the decree directs the property to
be advertised for sale, the trustee mutt
so put it into the market; but after that
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