Dorsey v. Dorsey

In equity the act of limitations may be taken advantage of, where the defendant alleges that he relies upon, and pleads in bar a certain act of the General Assembly made at a session, &e. entitled “an act for limitation of certain actions,” &c. and prays to have the full benefit of the some at the hearing.

Appeal from the Court of Chancery. The object of the original bill filed in this cause, was to obtain a decree for the sale of the real estate of Lanncelot Dorsey, who died in 1829, and a division amongst his heirs of the proceeds of sale. A decree passed, and a sale was made, reported, and ratified. Afterwards Dennis Dorsey, the appellant in this cause, and one of the heirs, filed a petition claiming to be a creditor, and to be paid out of the proceeds of the sale, upon the ground of the insufficiency of the personal estate, upon which no administration had been had, as the petition alleged. Ilis claim consisted of a single bill for $ 130, payable on demand, dated the 19th December, 1812; and an open account for services rendered by him to Launcelot Dorsey, for the period of seven years and eight months, commencing on the 20th December, 1812, at the rate of $90 per annum. On the single bill several payments were endorsed, the last of which was in September, 1825, and the following agreement proved to have been signed by the appellant, at the request of the obligor. “I do hereby agree, that I will not put the within note in suit against Launcelot Dorsey, nor call on him to settle the same, nor give it in the power of any other person to do the same, so long as he shall live, provided the within note shall not be near out of date.” Dathan Dorsey, and Elder and wife, the other heirs of Launcelot Dorsey, and the appellees here, by their answer denied the -justice of the appellant’s whole claim, insisting that it had been paid and overpaid, and they relied on the statute of limitations, in the following terms. “They further show cause, rely on, and plead in bar to the petitioner’s claim, a certain act of the General Assembly of the then Province now State of Maryland, made at a session of Assembly held at the city of Annapolis, the 26th day of April, 1715, entitled, an act for limitation of certain actions for avoiding suits at law,’ and pray to have the full benefit of the same at the hearing.” Depositions were taken and filed, and the cause submitted to Bland, Chancellor, who on the 6th of March, 1832, dismissed the petition with costs. From this order, the case was brought on appeal to this court.