Gibson v. Gillespie

Harrington, J.,

delivering the opinion of the court:

Whatever the rule in equity may be, the statute of limitations must always be pleaded at law, and that defense cannot be raised by demurrer. 37 C. J. 1204; Woolley on Del. Pr., § 513; Whitaker v. Parker, 2 Harr. 413, 416; State, Use of Parker, v. Whitaker, 4 Harr. 527, note.

In Woolley on Del. Prac., supra, Judge Woolley said:

“The defense of the statute of limitations is a personal privilege of which the party, in whose favor it operates, may take advantage, or not, as he desires, but to be of avail it must be pleaded.”

The same principle has…