Case No. 1,008.

BARNARD v. TAYLOE.

[5 Cranch, C. C. 403.]¹

Circuit Court, District of Columbia.

March Term, 1838.

PLEADING—TROVER—LIMITATIONS.

Not guilty within three years, is a good plea in trover.

[At law. Action by Frederick Barnard against Benjamin O. Tayloe.] Trover; plea, not guilty within three years. General demurrer. [Overruled.]

Mr. Hoban, for the defendant, contended that the plea should have been actio non accrevit; and cited the case of Union Bank v. Chason, at November term, 1835, (unreported;) Dyster v. Battye, 3 Barn. & Aid. 448; and Richman v. Richman, 3 Hals. [8 N. J. Law,] 55.

Mr. Key, contra, cited the case of Bank of Columbia v. Ott's Adm'r, in this court, [Case No. 879;] Maryland Act of Limitations of 1715; and Evans' Harr. 48.

THE COURT (nem. con.) overruled the demurrer.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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