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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2065   View pdf image (33K)
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LIMITATION OF ACTIONS. 2065

liberty to bring his or her action within five years after the removal of such
disability.

The act of 1818, ch. 216, repealed the saving clause in so far as it applied to
persons " beyond the seas." The court construed act of 1818 to give such persons
three years from time of passage of act to bring suit. Garrison v. Hill, 81 Md.
558. See also Mason v. Union Mills Co., 81 Md. 450; Frey v. Kirk, 4 G. & J. 521.
(As to persons under disability, see notes to sec. 2.)

The act of 1853, ch. 132, reducing time within which suit on a sheriff's bond must
be brought, held to be constitutional as applied to bonds executed prior to its
adoption. Suit on such a bond must be brought within the five years. State v.
Jones, 21 Md. 436.

A suit by Lord Proprietary on sheriff's bond for public money, held to be barred
under act of 1729, ch. 25. Lord Proprietary v. Bond, 1 H. & McH. 210.

An. Code, sec. 7. 1904, sec. 7. 1894, ch. 661, sec. 6A.

7. The period within which any suit or action may be brought under
any statute of limitations in force in this State shall not be extended because
the plaintiff in such suit or action was, is or shall be a feme covert, impris-
oned, or beyond the seas, or out of the jurisdiction of this State at the time
of the accrual of the right, title or cause of action.

Plaintiffs mentioned in this section having a vested right to sue at time of its
adoption had ten years thereafter to enter suit; since June 1, 1904, they have been
on same footing as other plaintiffs. Safe Deposit Co. v. Marburg, 110 Md. 415;
Baumeister v. Silver, 98 Md. 427; Sowers v. Keedy, 135 Md. 450.

An. Code, sec. 8. 1904, sec. 8. 1888, sec. 7. 1849, ch. 224. 1876, ch. 58.

8. Whenever any person may die indebted and his interest in real estate
may be liable to be proceeded against for the payment of his debts by
reason of the insufficiency of his personal estate, the operation of this
article both at law and in equity shall be suspended in relation to the heirs
and devisees of such debtor for the period of eighteen months from the
death of such decedent, and where any debts of such person so dying
indebted have been or may be paid by his executor or administrator and
the real estate of such decedent is proceeded against for the payment of
his debts, the operation of this article, both at law and in equity, shall be
suspended in relation to the heirs and devisees of such deceased debtor as to
the claims so paid until the lapse of eighteen months after the filing of
said bill.

The statute is suspended in favor of a creditor against an heir and devisees.
Case saved by this section from operation of statute. Eirley v. Eirley, 102 Md. 454;
Thompson v. Dorsey, 4 Md. Ch. 151.

The period allowed by statute having expired before bill for a sale of real estate
was filed, this section held to have no application. Simms v. Lloyd, 58 Md. 480.

This section regarded as prospective. Shepherd v. Bevans, 4 Md. Ch. 411.

An. Code, sec. 9. 1904, sec. 9. 1888, sec. 8. 1814, ch. 122, sec. 3.

9. The time intervening between the petitioning of an insolvent debtor
and the time when his petition may be dismissed shall not be computed
on any plea of limitation so as to defeat the claim of any person against
such debtor.
67

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2065   View pdf image (33K)
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