Morton v. Harrison

Citations

• 75 A. 837
• 111 Md. 536
• 1909 Md. LEXIS 141

Syllabus

<p>Demurrer to Bill in Equity Overruled by Plea — Express Trust Not Barred- by Limitations — Plea of Former Recovery.</p> <p>When a defendant demurs to the whole of a bill in equity and also files a plea setting up a defense to the relief asked, the plea operates to overrule the demurrer, which is then out of the case.</p> <p>The Statute of Limitations is' not apjdicable to an express trust, as between trustee and cestui que trrust; and whether laches is a defense to a bill seeking to enforce such a trust depends upon the facts of the particular ease.</p> <p>A plea of a former recovery or judgment is not a bar to a sub-' sequent suit unless it alleges that the proceedings in the former suit were taken for the same purpose as the proceedings in the subsequent suit.</p> <p>The judgment in an action at law brought to recover a specified sum as the purchase price of certain property is not a bar to a bill in equity alleging that the same defendant had received the property upon certain express trusts.</p>