Maddox v. State ex rel. Swann
Court of Appeals of Maryland
Appeal from Saint Mary's County Court. Debt brought on the 10th of February 1816, upon a testamentary bond executed in 1799, (a), by John Maddox, as executor of John Swann, with the defendant, (now appellant,) as one of his sureties. The defendant pleaded general and special performance.
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Appeal from Saint Mary's County Court. Debt brought on the 10th of February 1816, upon a testamentary bond executed in 1799, (a), by John Maddox, as executor of John Swann, with the defendant, (now appellant,) as one of his sureties. The defendant pleaded general and special performance. To which there were replications nonperformance, and setting forth that John Swann by his wili, dated in September 1798, amongst other things did direct, that certain of his negro slaves should be sold, &c. and that the money arising from the sales of his negroes, am] ali the residue of his estate after his…
1Opinion of the Court
Chase, Ch. J.
It has been established, that in order to take advantage of the act of limitations it must be pleaded. The court concur with the court below in the opinions expressed in the several bills of exceptions.
JUDGMENT AFFIRMED.
2Cited by6 opinions
- McIntire v. McIntireSupreme Court of the United States · 1904
- Brittain v. CarsonCourt of Appeals of Maryland · 1877
- Plummer v. ShepherdCourt of Appeals of Maryland · 1902
- Grace v. ThompsonCourt of Appeals of Maryland · 1936
- Newlin v. Mercantile Trust Co.Court of Appeals of Maryland · 1932
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