LIMITATION OF ACTIONS . 2459

The promise of one partner, after a dissolution, does not revive a debt once barred,
as against his co-partners. The dictum to contrary in Ward v. Howell, 5 H. & J. 60,
overruled in Ellicott v. Nichols, 7 Gill, 85. Whether a promise was made before
statute attached is question of law. Newman v. McComas, 43 Md. 82; Leonard v.
Hughlett, 41 Md. 387. See also Ellicott v. Nichols, 7 Gill, 100; Seldner v. Mount
Jackson Bank, 66 Md. 494; Lingan v. Henderson, 1 Bl. 278.

A contract made by several contractors cannot be taken out of statute by an
acknowledgment by one of them. Lingan v. Henderson, 1 Bl. 278.

As to payments by a co-maker of a joint and several note, taking case out of
statute, see Burgoon v. Bixler, 55 Md. 392. Cf. Wilmer v. Gaither, 68 Md. 343.

Payments by a husband on account of joint note of himself and wife, will not
revive debt as to wife. Wilmer v. Gaither, 68 Md. 343 (quaere, whether this decision
holds good since act of 1898, ch. 457).

The plea of limitations.

How statute should be pleaded. Scaggs v. Reilly, 88 Md. 65; Byrd v. State, 44
Md. 501; Bevans v. McGlocklin, 9 Md. 479; State v. Green, 4 G. & J. 384; Dent
v. Scott, 3 H. & J. 32; Harper v. Hampton, 1 H. & J. 461; Murdock v. Winter, 1
H. & G. 473; Wooten v. Sprigg, 4 H. & McH. 352; Perkins v. Turner, 1 H. & McH.
400; Moreton v. Harrison, 1 Bl. 491. And see Spencer v. B. & O. R. R. Co., 126 Md.
200; W., B. & A. R. R. Co. v. Moss, 130 Md. 204.

The statute need not be pleaded to each distinct count in a declaration. Bullen v.
Ridgely, 1 H. & J. 104. Cf. note (a) to this case.

Limitations is not a plea to the merits and cannot be amended or filed after rule
day. Where a declaration is amended, limitations must be pleaded at once, or it
comes too late. Griffin v. Moore, 43 Md. 252; Wall v. Wall, 2 H. & G. 81; Schulze v.
Fox, 53 Md. 42. Cf. Spear v. Griffin, 23 Md. 430.

Plea of limitations cannot be amended, though the amended plea is filed before
the rule day has expired. State v. Green, 4 G. & J. 384.

When leave to file additional pleas is granted, limitation may be pleaded provided
it be done within time originally allowed for pleading. Mitchell v. Sellman, 5 Md. 384.

A plea of limitations is not favored in the law; a party may waive it at his option.
Farmers' Bank v. Sprigg, 11 Md. 398.

An irregularity in the time of filing a plea of limitations is waived by the filing of
a replication to such plea. Stockett v. Sasscer, 8 Md. 377.

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

A party whose claim has been rejected or satisfied cannot 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 cannot do so. Davis 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 dece-
dent's estate. A trust in a will to pay debts will not revive debts barred at death of
testator, but trustee alone can plead statute. Spencer v. Spencer, 4 Md. Ch. 464.

Limitations cannot 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. Dixon, 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. Williamson, 1 H. & J. 150.

Pleading of limitations is within discretion of administrator—art. 93, sec. 103.

For form of plea of limitations, see art. 75, sec. 28, sub-sec. 50. See also art. 75,
sec. 47.

Limitations in equity.

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

In equity, 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;
Campbell v. Burnett, 120 Md. 226.

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 statute of limitations (subject to all
its provisos and conditions), as against 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 claim is
filed, either before or after 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 party relying upon such defense
becomes aware of claim to which it is applicable. When limitations begins to run.
Berry v. Pierson, 1 Gill, 248.