Page:Federal Reporter, 1st Series, Volume 6.djvu/494

 482 FBDRBAIi BDPQSTBB. �WaliiAce, D. J. yi^e defendante laaiiitam that the action iSjbarred by th.© statutoi ©f limitations. I agree with the defendants that section 5057, U. S. Eev. St., which enacts "that no suit, elth«r at Iftw or eqaity, shall be maintainable in any court between 9cs>. aasignee in baukruptcy and a person claiming an adverse interest touching any property or righta of property transferable to or vested in such assignee, unless brought witbin-tw0 years from, the time when the cause of action accrued for or agaiiiBtsuch assignee;" is applicable to an action brought by the assignee to C(dlect:a debtowing to the bankrupt. �The later authorities in the federal courts are to this effect, and certainly every reason which can be advanced for a lim- itation of the kind applies with as much force to such a cause of action as to one brotight to recover specifie property. These authorities, as well" aS those whicEi intimate a different view, are cited in WalkeTf Assignee^ etc., v. Tanner, 16 N. B. E. 285, where the limitation was applied to a cause of ac- tion like the present. ' '8eo, &\aa, Fdremaii, Assignee, v. Eige^ hw, 18 N. B. E: 457. �Jrhe statute, however, did npt.begin to run in Johnson's life-time, because he -was oueof -the" assignees of the bankrupt, and remained such assignee until his death. The statute of limitations is not intended to apply to claims for the recovery of which the party entitled Ihereto could not main- tain an action. A party cannot be both plaintiff and defend- ant in an action at law. Maffat v. Van MuUiger, 2 Chitty, 539; 2 B. & P. 124; Teague r. Hubbard, 8 B. & C. 345. Ac- Cordingly it has been held that where money is lent by a feme covcrt, having a separate estate, to her husband, the stat- ute does not begin to run agaiiist the debt until the death of the husband, for on account of the unity of the husband and wife the lattfer eannot sue the fornaer. Towers t. Hugner, 3 Whait. (Pa.) 48. _ ', . �Statutes of limitation do not extinguish the debt or claim ; they only form a bar to the remedy of the party to recover it by action, and they can only operate upon the remedy from the time when the remedy is available. Therefore, a ��� �