The Farmers and Mechanics Bank of Georgetown v. James Melvin et al.

The Farmers and Mechanics Bank of Georgetown v. James Melvin et al. In allowing claims against a trust-fund, as between contending creditors, a claim upon a judgment of more than twelve years’ standing must be rejected without pleading the statute of limitations, as there was no time when the debtor, or his administrator, could plead it. Upon exception to the report of the auditor who had allowed a claim of Cruikshank upon a trust-fund, it appeared that the claim was upon a judgment of more than twelve years’ standing. Mr. J. Dunlop, for the other creditors, contended, that, by the Maryland Statute of Limitations, 1715, c. 23, § 6, this judgment cannot be given in evidence, and is pi'imá facie of no effect. Mr. Marbury, contra, contended that the creditors cannot take that exception, as non constat, that Mr. Melvin, the administrator of the debtor, would plead the statute; and'the Court has decided that it must be pleaded. [MAJORITY] But the Court (Morsell, J., not sitting,) decided that as there was no time when the administrator could plead it, and as the act is peremptory, the judgment must be taken, prima, facie, to be "void ; and rejected the claim.