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" ... the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation. "
Reports of Cases Argued and Determined in the Court of King's Bench ... and ... - Page 770
by Great Britain. Court of King's Bench - 1836
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Parliamentary Papers, Volume 2

Great Britain. Parliament. House of Commons - Great Britain - 1831 - 626 pages
...the case, and without claiming in the name or right of the Owner of the fee, as is now usually done ; and if the other Party shall intend to rely on any...hereinbefore mentioned, or on any cause or matter not inconsistent with the fact of enjoyment, the same shall be specially alleged and set forth in answer...
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The British Magazine, Volume 2

1832 - 562 pages
...exercised and enjoyed for such of the periods mentioned in this Act as may he applicable to the case ; and if the other party shall intend to rely on any...exception, incapacity, disability, contract, agreement, deed, or writing herein mentioned, or any other matter of fact or of law not inconsistent with the...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1832 - 748 pages
...exercised and enjoyed for such of the periods mentioned in this Act ь may be applicable to the case ; and if the other party shall intend to rely on any proviso, exception, incapacity, disability, , • tract, agreement, deed, or writing herein mentioned, or any other matter of fhct or of law not...
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The British Magazine, Volume 2

1832 - 564 pages
...exception, incapacity, disability, contract, agreement, deed, or writing herein mentioned, or any other matter of fact or of law not inconsistent with the simple fact of the exercise and enjoyment of the matter claimed, the same shall be specially alleged and set forth...
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Acts Relating to the Law of Real Property: Passed in the Last Session of ...

Solomon Atkinson - Real property - 1833 - 160 pages
...enjoyed for such der this act. Qf the per;o(ls mentioned in this act as may be applicable to the case; and, if the other party shall intend to rely on any...exception, incapacity, disability, contract, agreement, deed, or writing herein mentioned, or any other matter of fact or of law not inconsistent with the...
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - Civil procedure - 1833 - 440 pages
...exercised and enjoyed for such of the periods mentioned " in this act, as may be applicable to the case ; and if the other " party shall intend to rely on any...exception, incapacity, " disability, contract, agreement, deed, or writing therein men'• tioned, or any other matter of fact, or of law, not inconsistent "...
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The Principal Statutes and Rules of Court for Reform of the ..., Page 957

England, Great Britain - Justice, Administration of - 1834 - 254 pages
...disability, contract, agreement, or other replied spematter hereinbefore mentioned, or on any cause cially, or matter of fact or of law not inconsistent with the simple fact of enjoyment, the same shall be ispecially alleged and set forth in answer to the .allegation of the party claiming, and shall not...
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Reports of Cases Argued and Determined in the Court of ..., Issue 10, Volume 6

Sandford Nevile, Sir William Montagu Manning - Law reports, digests, etc - 1834 - 1022 pages
...language of the concluding paragraph of the fifth section, and more particularly from the words " or any cause or matter of fact or of law, not inconsistent with the simple fact of enjoyment." As all these matters are required to be specially pleaded, and forbidden to be given in evidence under...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - Court rules - 1835 - 1150 pages
...have been more than twenty years ago. By sect. 5. of that statute, if the defendant intends to rely on any cause or matter of fact or of law, not inconsistent with the simple fact of en' joyment, it should be specially pleaded. (a) Another point was raised by the defendant, tliat the...
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An Introduction to Conveyancing, and the New Statutes Concerning Real ...

William Hayes - Conveyancing - 1835 - 616 pages
...enjoyed for such of the periods mentioned in this act as ">'» •«• may be applicable to the case ; and if the other party shall intend to rely on any...exception, incapacity, disability, contract, agreement, deed or writing herein mentioned, or any other matter of fact or of law not inconsistent with the simple...
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