364 ARTICLE 5Y.

ARTICLE 57.

LIMITATION OF ACTIONS.

17. Tax Sales In Montgomery County.

I.

To take case out of statute, acknowledgment must be of subsisting debt equiv-
alent to implied promise to pay. and not accompanied by qualifications negativ-
ing moral obligation. Case reviewed. Knight v. Knight, 155 Md. 247.

Claim by executrix for over-payment to creditor under belief that estate was
solvent, not barred where she had no knowledge of such insolvency until within
three years of suit brought. Chestertown Bank v. Perkins. 154 Md. 462.

Plaintiff's right of action accrued at beginning of flow of water into basement
and continued until expiration of three years after he ceased to be Injuriously
affected; recovery limited to damages sustained within three years prior to suit.
Prayers. Public Utilities Co. v. Baile, 152 Md. 376.

This section not applicable where delay due to agent's concealment of his
appropriation of partnership profits Curtin v. Gildea. 2 F. (2nd), (Dist. Ct.
Md. ), 866.

Maritime lien filed within period required by this section. The Fort Gaines.
24 F. (2nd), (Dist. Ct. Md. ), 439.

While this section is not conclusive in admiralty, it will generally be followed.
The General Lincoln, 24 F. (2nd), (Dist. Ct. Md. ), 442.

This section referred to in construing art. 101, sec. 39—see notes thereto. Varig
Constr. Co. v. Marcoccia, 154 Md. 403.

As to limitations on the collection of taxes, see art. 81. sec. 151.

See notes to sec. 14.

3.

Award of Industrial Accident Commission is not a judgment, but a specialty
and not barred by limitation if suit thereon is instituted within 12 years from
date of award. Mattare v. Cunningham, 148 Md. 314.

That breach of contract under seal continued over five years before bill filed
to enjoin further breaches, does not support demurrer on ground of laches,
plaintiff's right under contract being legal. Covenantor's obligation was con-
tinuous throughout entire period. Kaliopulus v. Lumm, 155 Md. 40.

Execution of negotiable instrument with seal would continue to make twelve
years period of limitations applicable. See notes to art. 13, sec. 47. Citizens'
Natl. Bank v. Custis, 153 Md. 241.

This section referred to in holding a cause of action to be based upon a deed.
Ewell v. Weagley, 13 F. (2nd), (C. C. A. 4th), 714.

II.

Meaning of this section not affected by amendments to art. 27. sec. 700: prose-
cutions for conspiracies or other misdemeanors not "placed along with felonies"
by grades of punishments fixed for them by common law or statute, must be
begun within one year. Archer v;. State. 145 Md. 136.

14.

This section referred to in overruling demurrer to bill to set aside, on ground
of misrepresentation and fraud, sale of stock and to require defendant to repay
money paid for such stock; setting aside conveyances. When limitations and
laches begin to run. Sears v. Barker, 155 Md. 331.

Evidence in case not sufficient to show that defendant fraudulently kept plain-
tiff in ignorance of his alleged cause of action; mistaken statements do not con-
stitute fraud. Public Utilities Co. v. Baile, 152 Md. 374.