LIMITATION OF ACTIONS. 807

In action against a dentist for extracting two good teeth instead of two
baby roots, charging him with carelessness, unskilfulness and negligence, the
action is one of trespass, case or contract, and period of limitations is three
years. McClees v. Cohen, 158 Md. 64.

In action on life insurance policy which has been barred by statute of limita-
tions for more than half a century, held that verdict was properly directed for
defendant insurer in absence of evidence that its assistant claim agent, who
acknowledged liability, had authority to waive bar of the statute of limita-
tions. Kennedy v. Life Ins. Co., 162 Md. 340.

Cited but not construed in Seeley v. Dunlop, 157 Md. 384.

Suit for refund of taxes erroneously paid barred by limitations if not brought
within three years. Baltimore v. Household Finance Corp., Daily Record, Jan.
19, 1985.

Libels against boat filed well within statutory period of limitations held not
barred by laches. The Little Charley, 31 Fed. (2nd), 120.

One claiming limitation period was postponed by fraud on part of adverse
party under sec. 14 must prove diligence. Ins. Co. of North America v. Parr,
44 Fed. (2nd), 573.

This section referred to in construing art. 48A, sec. 54. Bass v. Standard
Acc. Ins. Co., 70 Fed. (2nd), 87.

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 P. (2nd), (C. C. A. 4th), 714.

Where decree for divorce required certain monthly payments during life or
until remarriage, sums which became payable more than 12 years before filing
petition for enforcement cannot be recovered. Marshall v. Marshall, 164 Md. 114.

Limitations do not begin to run against remaindermen until life tenant's
death as regards claim against surety on trustee's bond. Fid. & Dep. Co. v.
State, 164 Md. 315.

Suit for refund of taxes erroneously paid cannot be brought as a specialty
under this section within 12 years. Baltimore v. Household Finance Corp.,
Daily Record, Jan. 19, 1935.

Where part of mortgaged farm was sold to third party in consideration of a
second mortgage and assumption of original mortgage debt, held original
mortgagors and third party were not joint obligors and payment of interest
by third party would not keep alive mortgage debt against original mortgagors.
Henry v. Harrington, Daily Record, Feb. 4, 1935.

11.

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 punishment fixed for them by common law or statute, must be
begun within one year. Archer v. State, 145 Md. 136.

This section does not apply to prosecution for false pretenses, since this crime
is punishable by confinement in penitentiary under art. 27, sec. 139. Simmons
v. State, 165 Md. 167.

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