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STATUTE OF LIMITATIONS.
The lapse of years cannot fail to give rise
to an unanswerable presumption against
the validity of an antiquated claim of
any kind. Hepburn's case, 110.
The statute of limitations must be pleaded
or specially relied on; but a presump-
tion of satisfaction arising from lapse of
time, may, without putting it as a de-
fence upon the record, be taken advan-
tage of at the hearing, 110.
Lapse of time is a defence available
against the state, and may be taken ad-
vantage of by it, 111.
A presumption of satisfaction rests on
two facts; first, that the creditor had a
remedy; and secondly, that the debtor*
himself was or had property within
reach of that remedy, 112.
Lapse of time may be relied on in the
answer, or taken advantage of at the
hearing. Salmon v. Clagett, 142.
After the lapse of three years, a judgment
is presumed to be satisfied, so that no
execution can be issued thereon.
Coombs v. Jordan, 324.
A judicial lien when barred by lapse of
time cannot be revived so as to have a
retrospective effect prejudicial to the
rights of others, 324.
When relied on in general terms, in a
creditor's suit, is applied according to
the nature of the claim; is only to pre-
vail as it may apply to the representa-
tives of the realty or personalty; and
runs up to the time of filing the voucher.
Post v. Mackall, 498; McCormick
v. Gibson, 50.9.
A plea of limitations can be received
only from him who has something to
protect by it; and enures only to the
benefit of him who relies on it, Post
v. Mackall, 499, 525; McCormick v.
Gibson, 600, 507; The Cape Sable
Company's case, 672.
The effect of an endorsement of a partial
payment in taking a case out of the
statute. Post v. Mackall, 522,
The mode of distribution, in a creditor's
suit, where there are conflicting pleas
of limitation, 525; McCormick v. Gib-
son, 509.
The distinction between simple contract
and specialty debts as regards the sta-
tute of limitations, Post v. Mackall,
520.
An acknowledgment of a debt will not
be sufficient to take a case out of the
statute, if there be any collusion. The
Cape Sable Company's case, 673.
TAXES.
The constitutional rale of taxation, its
meaning and application. Williams'
case, 254, 260.
A poll tax, its nature and operation,
254,
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The exemption of paupers; who is a
pauper, 255.
The constitutional equality must mean a
practicable approximation to actual
equality, 257.
No property can, constitutionally, be ex-
empted irom taxation, 257.
The early tax laws considered and com-
pared, 260, 264.
A toll ior the use of a wharf, market, or
road, is in the nature of a tax which can-
not be levied without the express sanc-
tion of the General Assembly. The
Wharf case, 375, 380.
TEUST.
A trustee appointed by a decree to sell
cannot abandon any right, or dispose of
the purchase money in any way with-
out the previous sanction of the court.
Wampler v. Shipley, 182.
Under a decree for a sale the trustee may
reserve a bid, or have a bye-bidder in
certain cases. Williams' case, 212.
The administrator of a deceased trustee
under a decree ordered to bring into
court the bonds, the purchase money,
and to account. Coombs v. Jordan,
287, 295.
By consent of the trustee, his commission
given to the widow. Simmons v.
Tongue, 348.
The nature of resulting trusts in what
cases they arise. Neale v. Hagthrop,
582.
A new trustee appointed in place of one
who never consented to act as such un-
der the deed, or in the prosecution of
the suit. The Cape Sable Company's
case, 627.
VENDOR AND VENDEE.
Where the purchase of land is the consi-
deration of several bonds the contract
as to them is entire an indevisible.
Walsh u. Smyth, 15.
In sales under a decree the court never
warrants a title. Wampler v. Ship-
ley, 183.
After a sale under a decree the trustee
may be ordered to convey the estate to
the assignee of the purchaser. Han-
son v. Chapman, 199; Simmons v.
Tongue, 345.
A purchaser for a valuable consideration
without notice will not be disturbed
what is notice. Neale v. Hagthrop,
686.
WASTE.
A decree for a sale virtually puts the es-
tate under the protection of the court,
after which an injunction may be wan-
ted to stay waste. Tessier v. Wyse,
60; Williams' case, 215.
An injunction may be granted to stay
waste on the mortgaged estate before
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