ART. 57] ACTIONS OTHER THAN ON SPECIALTIES. 1391

Though all the parties to a suit waive the statute, it may be relied upon
by anyone who comes in and has an interest to protect. Hammond v. Ham-
mond. 2 Bl. 366.

A party whose claim has been rejected or satisfied can not set up the
statute as against other claims. Cape Sable Co.'s Case, 3 Bl. 672.

Where the corporation is a party to the cause and does not plead the
statute, a stockholder can not do so. Davls v. Gemmell, 73 Md. 537.

Non-residents may plead limitations. Bannon v. Lloyd, 64 Md. 49.

The personal representative alone can plead limitations to claims against
the decedent's estate. A trust in a will to pay debts will not revive debts
barred at the death of the testator, but the trustee alone can plead the
statute. Spencer v. Spencer, 4 Md. Ch. 464.

Limitations can not be relied upon, unless it is pleaded. Bannon v. Lloyd,
64 Md. 49; Merryman v. State, 5 H. & J. 423 and note (a); Maddox v. State,
4 H. & J. 541. And see Dixon v. Dlxon, 1 Md. Ch. 274; Hepburn's Case, 3
Bl. 110; Estate of Young, 3 Md. Ch. 476; Cape Sable Co.'s Case, 3 Bl. 672;
Smith v. Willlamson, 1 H. & J. 150.

The pleading of limitations is a matter within the discretion of an admin-
istrator—art. 93, sec. 98.

For a form of plea of limitations, see art. 75, sec. 24. sub-sec. 50. See

also, art. 75, sec. 43.

Limitations in equity.

In all cases of concurrent Jurisdiction between the law and equity, the
statute is equally obligatory in each court. Teackle v. Glbson, 8 Md. 87;
Hertle v. Schwartze, 3 Md. 383; Dugan v. Gittings, 3 Gill, 161; Slndell v.
Campbell, 7 Gill, 76; Tiernan v. Eescaniere, 10 G. & J. 223.

In equity, the defense of limitations may be availed of on demurrer;

contra, at law. Limitations may be pleaded after a decree pro confesso.
Belt v. Bowie, 65 Md. 353.

Equity may refuse to grant relief where the statute applies, although it
is not pleaded. Syester v. Brewer, 27 Md. 319.

In a creditor's suit, any creditor may set up the statute of limitations
(subject to all Its' provisos and conditions), as against the claims of other
creditors. Strike v. McDonald, 2 H. & G. 227.

In a creditor's suit, the statute may be pleaded against the claims of
creditors subsequently coming in. Strike's Case, 1 Bl. 92.

The statute may be set up in equity against a claim at any time after the
claim is filed, either before or after the auditor's report. Young v. Mackall,
3 Md. Ch. 410; Welch v. Stewart, 2 Bl. 42.

Limitations must be set up in equity as soon as the party relying upon
such defense becomes aware of the claim to which it is applicable. When
limitations begins to run. Berry v. Pierson, 1 Gill, 248.

The defense of limitations set up in an answer to a creditor's bill, has no
effect on claims subsequently coming in. How such defense must be pre-
sented as to such claims. Williams v. Banks, 11 Md. 236.

In a suit by creditors to set aside a deed as fraudulent, where the court
of appeals has held a plea of limitations good, the debtor's administrator
can not remove the bar by confessing judgment in favor of the creditors;
nor can a confession of Judgment affect a 'claim which has been merely
suspended by the chaucellor, but which subsequently appears to be barred
by limitations. Where exceptions to claims filed under a notice to creditors
presents in substance the defense of limitations, it will be held sufficient.
McDowell v. Goldsmith, 25 Md. 231.

If limitations is not set up in the answer, it can not be relied upon by

way of exception to an audit; nor can the answer be amended. Brendel v.

Strobel, 25 Md. 395.

Although mortgages are not within the words of the statute, equity has
established 20 years as the period beyond which the right of redemption
does not extend. Hertle v. McDonald, 2 Md. Ch. 133; Boyd v. Harris, 2 Md.
Ch. 213. As to a vendor's lien, see Moreton v. Harrison, 1 Bl. 499. As to
an equitable lien see Lingau v. Henderson, 1 Bl. 281; Allender v. Vestry of
Trinity Church, 3 Gill. 169; Magruder v. Peter, 11 G. & J. 245. But see
€ollinson v. Owens, 6 G. & J. 11.