Drummond v. Green

Robinson, J., delivered the opinion of the Court. We agree with the counsel for the appellants, that a decree or judgment against an- administrator is not binding on the ¹⁵¹ heirs-at-law. It is equally true, that “ chancery follows the law, and, acting in obedience to the Statute, the plea of limitations is as available in equity, as at law, in relation to the same subject-matter,” and that “wherever the Legislature has limited a period for law proceedings, equity will, in analogous cases, consider the equitable rights as bound by the same limitation.” Knight vs. Brawner, 14 Md., 7 ; Elmendorf vs. Taylor, 10 Wheat., 173 . While denying their application to the case before us, we do not understand the appellee as questioning these well established rules.

In the former appeal, 31 Md., 72 , it was decided — first, that the complainant was not entitled to a specific execution of the alleged agreement, for the purchase of the real estate mentioned in the bill of the complainant, the same not being in writing as required by the Statute of Frauds; secondly, that he was not entitled to relief on the ground of a resulting or constructive trust in the property, under the eighth section of the Statute. “ It remains to be considered,” say the Court, “ whether, under the pleadings and proofs in the cause, the appellant is entitled to any and what relief in a Court of Equity? A specific execution of the alleged agreement being denied, the question is, whether the bill should be retained for the purpose of awarding compensation for the purchase money paid and advanced by him?” Inasmuch as the specific execution of the alleged agreement for the purchase of the property, could not be enforced because of the Statute of Frauds,.and it was doubtful whether the appellee could recover in an action at law, the money paid and advanced under the same, it was held by this Court, after a careful review of the authorities, that he Avas entitled to a decree for compensation for the money thus furnished to Drummond, such relief being incidental to other relief sought by the bill. The Court further say, “ Avhile in our opinion the proof is perfectly clear and conclusive, that a portion of the cash ¹⁵² payment made to the executors was furnished by him, and that the amount so furnished exceeded $3,000, there is an absence of satisfactory evidence in regard to the precise amount thereof, and it will be necessary to refer the case to the auditor, so that an account thereof may be stated upon the proof now in the cause, and other proof to be taken under the Court’s order for that purpose; and for the amount so ascertained with interest' thereon, the appellant will be entitled to a decree as against the personal representative of Levin J. Drummond, deceased; and in default of payment thereof out of the personal estate of Levin J. Drummond, he will be entitled as a general creditor, by proper proceedings for that purpose, to enforce its payment out of the real estate of said Drummond in the same manuer as any general creditor might do.” The cause was remanded, and additional proof taken, and on the 28th October, 1870, a decree was passed by the Court below, in favor of the appellee for the sum of $5,790.56 as against the administrators of Drummond, to be paid by them in due course of administration, and the bill dismissed against the widow and heirs-at-law. In the