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SALMON v. CLAGETT. 125
paid by the Mollisons themselves; in the next place, that it has
been justly and absolutely barred and excluded by the special act
of limitations; (f) and in the last place, that the great lapse of
time since it became due, without the delay being in any manner
reasonably accounted for, gives rise to a presumption, altogether
irresistible, that it must have been in some way or other, fully and
completely paid and satisfied.
Whereupon it is Decreed, that the claim of the said John M.
Hepburn, as administrator de bonis non, of the late John Hepburn,
against the State of Maryland, on account of the confiscated pro-
perty of William and Robert Mollison, is utterly unfounded and
unjust; and that the petition of the said John M. Hepburn, be,
and the same is hereby dismissed. And it is further Ordered, that
the register be, and he is hereby authorized and required to take
charge of and safely file and keep among the records of this court
all the papers, documents, and vouchers heretofore exhibited or
filed in relation to the said claim, subject to the further order of
the General Assembly; and to give copies of all or any of the
same, and of this decree, on being paid the fees allowed by law in
similar cases.
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SALMON v. CLAGETT.
A single interrogatory propounded by the defendant to the plaintiff answered by the
monosyllable, 'yes.' A motion to dissolve the injunction and exceptions to the
answer may be taken up together and determined at the same time. It is neces-
sary in all doubtful cases to advert to the reason of the law. The modes of
defence by demurrer, by plea, by answer as called for by the bill, by answer in
avoidance, and by matter derived from the whole case as shewn at the hearing
considered and explained. A defendant who has omitted, or failed by demurrer
or plea to protect himself from making the discovery called for, mast answer
fully as the bill requires. The modern cases allowing an answer in avoidance to
subserve the purposes of a plea overruled.
The difference between the combination of facts which gives rise to the equity
upon which the injunction rests, and that which gives rise to the equity upon
which the plaintiff asks relief. How an injunction may be obtained; and how
it may be dissolved on bill and answer. The answer should, in general, be sworn
to; but must be allowed to have full effect, as such, although made by one who
is incompetent to give evidence in any case as a witness; or by a defendant who
is incapable of making oath.
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(f) 1786, ch. 18.
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