Contracts · MBE-tested

Wilson v. Turberville's Executor

2 D.C. 272 Cranch 27·United States Circuit Court of the District of Columbia·1811

(Thruston, J., absent,)

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Opinion

Wilson v. Turberville’s Executor. After interlocutory decree, and an issue ordered, the Court will not permit the defendant to plead the statute of limitations, and to file an answer. An issue from Chancery being called up for trial, in this cause, Mr. Swann, for the plaintiff, moved for leave to plead the statute of limitations, and to file an answer. Mr. E. J. Lee, for the plaintiff, objected that it was now too late, after interlocutory decree; that the answer, offered was not a full and fair answer; and that by his will the testator had ordered all his just debts to be paid; which took the case out of the statute. [MAJORITY — The Court,] The Court, (Thruston, J., absent,) after consideration, overruled the motion.