
    Beatty’s Administrator v. Van Ness, Administrator of Burnes.
    The Court will permit the plea of limitations to be filed after the rule-day, upon an affidavit showing it to be a fair defence under the circumstances of the case.
    Assumpsit for money had and received, brought under the Act of Maryland, 1791, c. 45, § 5, to try the title to some city lots claimed by the plaintiff’s intestate.
    The defendant, after the rule-day, moved to file the plea of limitations, upon his affidavit that he ordered the plea to be filed by his attorney before the rule-day. That his attorney was absent attending the trial of Wilkinson; that Burnes had been in possession more than twenty years, &c.
   The Court

(nem. con.) upon this affidavit, permitted the plea to be filed, considering it a fair defence under the circumstances.  